BM gets pregnant and moves... what does this mean legally?

[fairplay]

About 4 months after BM and decided not break it off she meets someone else and after about 2 weeks gets pregnant. Then about a month and a half later she moves with our son. This is in WA State.

We have a joint parenting plan filed time wise, but she is specified as custodian.


I have a couple of questions:

1. What does it mean for me that she got pregnant. Will this make it easier for her to get more custody? What all does this entail?

2. When she moved she did not file with the court at all. What ramafications does this have?

[4honor]

You need a parenting plan in force for the Move-away statutes to apply.

If you have a parenting plan and you need to fight a move away, there are two ways of doing it... 1) if your plan has the move-away clause in it use it as it states (File for contempt) or if your parenting plan is old enough not to have the clause, then I have the wording necessary for fighting a move away. If you have let the move go on for 6 months or more you have acquiessed to the move and will have a nearly impossible task in changing it... unless you are just now finding the kids and the ex.

Do you have 50/50 in the plan? Does her moving interfere with your parenting time?  Has she denied you your parenting time? Does she take care of the extra transporation costs for the additional distance?

The court does not care what she does until you MAKE them care.

The other child is not an issue until it is born, but in WA she MUST prove a substantial change in circumstances -- siblings don't count -- for a modification of custody greater than 24 more days per calendar year.

Go read RCW 26 for the areas pertaining to you in WA law.

[Peanutsdad]

The pregnancy really wont be a factor in anything for you,, if anything,, she'll use it as a reason to KEEP custody,, afterall, your child now is gonna have a half sibling.


As far as your chances of fighting the move away,, please post more details of your parenting plan. Also,, how long ago was the move?

[fairplay]

I guess that's what I'm worried about, that she'll use being pregnant to get more custody. Is that a strong case? What does it mean as far a CS goes she has already cut one day a week out of her work schedule.


The parenting plan states she is the custodial parent, but we each have him for 50% of the time. I have him every Monday and Tuesday, and she has him every Wednesday, and Thursday. We alternate every other Friday Saturday Sunday (weekend). According to the law she is supposed to give notice to the court before moving and sever me with a notice, I then have 30 days to appeal the move. We were living less than a mile apart which was good for the shared parenting (same school dist etc...) she has move about 20 miles away and never filed papers. She move about 2 weeks ago. I wasn't planning on challenging the move, although I'm wondering the significance of her not fileing as she should have. I'm wondering because I see stormy waters ahead in her new relationship ( she got pregnant after knowing him for 2 or 3 weeks and moved in a couple of months later...) If it's going to be a bad situation for my son I would like to have some leverage to get him away from it. The parenting plan was filed in October of last year.

[4honor]

If they are school age, you have a better chance of fighting the move... Essentially she has changed the child's education without your permission. OF all the joint custody decisions making, WA courts seem upset more often when the education decision is messed with by one parent over the other.

[fairplay]

He is 3 and a half, but is enrolled in preschool.

We did live about .5 miles away from each other in S. Everett, his preschool is in Lynnwood, and she has moved to Marysville.

I don't necessarily want to challenge the move, I just want to know how bad of a mistake it is for her to not have filed the necessary paperwork. Technically I don't even know where he is when he is with her anymore.

[rini]

Dear Dad

First off if you do nothing you are setting a precedent and will loose some if not all of the parenting time that you have.

Get ready to have a child support order calculated at the full rate for your state I guarantee you it will happen with in the next 6 months.  Once the child starts school it will be in her district now and will count towards her parenting time.  

I think you are crazy for not contesting it but if you to allow her to move to a different school district thus limiting your contact and such it will result in future problems.  

Petitioning the court to review the matter now is the only way you are ensured your continuing rights and to get into writing how things will procede.  ie pickups and drop offs... ect...

Things that you want to address at hearing are the facts that the move will effect..

Child care, her cutting her hours due to pregnancy,  you want to get it into writing that her income will be based on her previous ability to work full time and her new child should not effect or raise your current support obligation.  ( she very well could be planning on not working and collecting the money she does not make any more off of you!!!!)  

Happens all the time.


It is only a mistake for her not filing paper work or informing you of the move by proper service if you are going to bring it to the courts attention.

If you do nothing nothing will happen to her and she will have a huge advantage......

Get some help and put together a motion that will make sure you retain all of your present rights and parenting time.  Address all these issues in your motion for contempt of court.  Or you can also prepare a settlement agreement that would address all of these things and submit it to the judge for approval

God Bless and Good luck

rini

[Granny]

Hi,

According to WA State law she is obligated to give you at least 60 days notice before a move.  If she moves prior to that, you can take her back to court on contempt of the court order.

If 60 days have not elapsed, I'd suggest filing like now.  If 60 days have elapsed, I don't know how that will play out.

I'd file contempt and protest that the child will suffer harm by the move as it will hurt him/her emotionally.

Gran

[fairplay]

So far I have not used a lawyer. Would this be a good time to get one? How serious is the contempt charge?

If I file for contempt will I be opening up a can of worms?

So far I have been trying to keep everything cordial for my son's sake.

I would like to If I could minimalize his time with her, not completely, but I don't consider a lot of their interaction to be healthy mentally.

[fairplay]

Paternity, a parenting plan and a child support order have already been established (Oct. 2003).

The move is in violation of the order as she is supposed to give me 60 days notice so it can be contested.