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Transfer custody file

Started by greatdad, May 16, 2008, 11:20:32 AM

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greatdad

If I as Sole custodian move to the same state as X, and final decree states she has once a month visitation it would be up to me to agree to more IF .....she actually will see the children EOW ( which I am unsure X will want to).
Question is , since final order states once a month, I am under no obligation to do more or less than what final order states. IF X wants to try and demand more, what would she need to do and if I don't transfer file from Va to NC, what happens??

ocean

She can have the case switched to the new state if you are both living there. She will have to ask the court to switch it and then to increase visitation since you are now closer. (she will probably get it since you are closer...why not ask what she wants to do so you can make plans accordingly?)

greatdad

When I received sole legal & physical custody, it was far from just based on distance she chose to move. She is in a very bad environment, pregnant ( 4th child with 3 men) unemployed, etc.
I really don't mind EOW visits, but anticipate no cooperation, as i will want it in writing that we agree to amend to EOW.X has been very ,very uncooperative, tells me to do everything through her atty. But wouldn't it look bad for her if I offer EOW in writing and she refuses to agree, then files a court action over it ?

See DCSE is after her to pay support and I am thinking X will now try and say she should have joint custody to avoid the 1 1/2 years arrears and any further support.
For that she would need way more to show the court other than my moving closer to her...would she not ??

ocean

I would let her make the first move in court. She gets what is on paper. You move and let her deal with her lawyer to try and get changes in place....

greatdad


gemini3

I would imagine that she would need more than just the move to request a change.  I think you're fine to just follow the EOW visits.  It's always good to show some cooperation, but if it's a high conflict situation it's better to stick to the agreement so there's no room for arguing.

Like the other poster said, just keep on as you have been and let her make the first move.  

Good luck on the child support thing.  

greatdad

I already did my notification of moving. I wll simply send her  and her atty a letter stating that the new pick up/drop point will be ( using a place we have used and agreed on before).
DCSE is mmaking a motion on my behalf to change jurisdiction from Circuit court to J&DR court so it will get heard faster.So far the case worker has been really nice to me. They said that the fact that X has made ZERO effort to pay even $1 a month since April of last year will not work in her favor.
Also it seems to me that if X does try to make any changes after I move closer , that showing the court that she has never paid support and that I had to get DCSE to pursue her and even then she fights it, that it clearly demonstrates X has no business getting any considertaion at all.