Should we file or should we wait?

[melissa3]

Good Morning Soc,

Briefing: All parties live in MA. Parents share legal custody and Mother has temp. physical custody of 6yr old daughter. One year ago, Supervised Visits and Evaluation ordered for Father because of drug abuse allegations by Mother. Father is now Pro Se.

One month ago was the trial for custody, visitation and child support but nothing was decided. Case is STILL under advisement.

Mother wants to move 2hrs away and tried to amend her original motion to have the move decided upon at this past trial, but the judge did not allow it. That is to be decided upon separately.

Last night, daughter informed me that she will be moving to Mother's BF's house (in new state) where she will start school one week after tomorrow. Mother never mentioned anything about it, however she swiftly told daughter to hang up the phone after she leaked the info about starting school.

As of yet, there has not been a hearing on relocation, nor have there been any motions filed (by either party) pertaining to it.

As far as the benefits of moving, there are none.

Mother said in testimony that if she moves she would work with her family and would be making more money. This is not a guarantee.

The man she wants to move in with is just a boyfriend, not a spouse, and they've only been together 8 months. Since the BF lives 2hrs away, they have probably only seen eachother a total of 30 times (that is if they see eachother EVERY weekend.) It's a weekend relationship.

Questions:

1. As the case is still under advisement, is it possible for me to file something to prevent the move?

2. If I can file at this time, which would be better to file for – a temp. restraining order or an emergency hearing?

3. Since the mother hasn't actually informed me that she plans to move in 2 weeks, should I not file anything and let her default on the court order? (Perhaps this will help prove her willful disregard for the judge, the court order and state law?)


Thank you.

[socrateaser]

>Questions:
>
>1. As the case is still under advisement, is it possible for
>me to file something to prevent the move?

I think so.

>
>2. If I can file at this time, which would be better to file
>for – a temp. restraining order or an emergency hearing?

Absolutely. Your grounds are that the judge has already denied any decision on the moveaway issue until a future hearing, and a unilateral move now will disturb the status quo upon which the court will base its final custody decision, potentially rendering the decision moot and requiring a new custody hearing.

>
>3. Since the mother hasn't actually informed me that she plans
>to move in 2 weeks, should I not file anything and let her
>default on the court order? (Perhaps this will help prove her
>willful disregard for the judge, the court order and state
>law?)

I wouldn't do this. You are taking a chance that the final decision may be delayed and by the time you go back to determine the moveaway, the child will have been relocated for who knows how long, thus the court will refuse to disturb the new status quo arrangement, and you will be screwed.

Get into court immediately and ask for a restraining order.

[melissa3]

Good Morning,

I'm not sure if I should start a new strain for these questions. I figured it might be easier to just add it on here so you don't have to keep re-reading the briefing for my case.

At trial last month, the topic of custody did not come up before the judge called a recess. Mother has asked for sole physical and legal custody. I would like joint physical and legal custody and I have a parenting plan that I had intended to submit. However, I did not have a chance to do so.

It is my opinion that this shared parenting plan is more beneficial to my daughter than the proposed move of the Mother.


Questions:

1.   Is it possible, or I should say, is there a way to have this plan submitted while the case is under advisement?

2.   If not, how do I submit the parenting plan (and also evidence against the move, such as charts and state comparisons) in the relocation hearing that will be coming up?

Thank you again.

[socrateaser]

>Questions:
>
>1.   Is it possible, or I should say, is there a way to have
>this plan submitted while the case is under advisement?

No. File a motion for custody and offer the parenting plan. If the motion is already filed, and there's no parenting plan attached, then file a supplemental brief with the parenting plan attached.

>
>2.   If not, how do I submit the parenting plan (and also
>evidence against the move, such as charts and state
>comparisons) in the relocation hearing that will be coming
>up?

See above (supplemental brief).