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Can NCP move out of state w/o CP agreeing?

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Kevmar44

Member
What is the name of your state?What is the name of your state?What is the name of your state?Ohio
I am CP & have my son every week through the school year & my ex gets him every other week-end. He gets him for the summer & I get him every other week-end & 2 weeks. They have their home on the market & rumor has it they are moving to Florida. Does he have to get permission to move out of state? If he moves will he be responsible for traveling expenses? What happens if my son is involved in sports? My son is 13 & involved in baseball that will run into the beginning of the summer (possibly longer) & is just starting jr high & getting involved in the basketball program. What if there are basketball camps or practice before school begins? Right now he gets 8 out of the 10 weeks of the summer, could I request that it be shorted to 5? Currently there is no communication on his part so there is a chance I will have no clue if they move until they have already moved!
 


VeronicaGia

Senior Member
Kevmar44 said:
What is the name of your state?What is the name of your state?What is the name of your state?Ohio
I am CP & have my son every week through the school year & my ex gets him every other week-end. He gets him for the summer & I get him every other week-end & 2 weeks. They have their home on the market & rumor has it they are moving to Florida. Does he have to get permission to move out of state? If he moves will he be responsible for traveling expenses? What happens if my son is involved in sports? My son is 13 & involved in baseball that will run into the beginning of the summer (possibly longer) & is just starting jr high & getting involved in the basketball program. What if there are basketball camps or practice before school begins? Right now he gets 8 out of the 10 weeks of the summer, could I request that it be shorted to 5? Currently there is no communication on his part so there is a chance I will have no clue if they move until they have already moved!

He does not need permission to move since he is not taking the child. Your son's involvement in sports is may not be viewed by a judge as important as his relationship with his father.

If dad moves, visitation will have to be changed unless dad intends to pay for the every other weekend airfare. You will have to get transportation payments decided by a judge.
 
T

tigger2two

Guest
You will have to go back to court for a modification of visitation. My kids father also lives a good distance away. The judge set it up where he can only get the kids once a month at his home bc of travel. And he has to come to our town and stay with the kids if he wants them on another weekend of the month. The judge also put provisions in the order for sports bc this was something that my kids stressed as important with the custody evalator. So it is possible to get a judge that will take these things into account. But no one can predict if the judge will or will not allow what you are asking. Your ex may even already be planning on working something out with you so that his son can continue his sports.
 

Kevmar44

Member
No, I'm the person who's ex doesn't speak to me. AT ALL. I'm the one that just found out the next day he plans on picking up my son by way of a post-it-note in my son's pocket. I won't know they are moving to Florida until they've already moved there. We've had issues in the past regarding my son & baseball that were brought up in court & basically he said if he doesn't agree with what we want to sign my son up for (which is everything) he won't agree to it if it means he is going to have to take him to games or practices on his time! I'm not dealing with a rational person here so all the things that normal people are able to accomplish with their ex's are not a possibility to me. I have to think outside the box or in this case, outside the brain (or lack of w/my ex)!! LOL :p
 

stealth2

Under the Radar Member
Why does this sound so familiar?!?! Unfortunately, you (and your son) may just have to roll with the punches. I would definitely file for a modification of the visitation schedule as soon as you know he's moved to FL. Include provisions for your son's sports activities during the summer. And do ask for him to be responsible for transportation costs. It's entirely likely that a judge would order the two of you to use the services of a mediator for such issues so as not to tie up the court's resources. That can be a good or a bad thing.

If you get a mediator who truly is looking out for the best interests of the child, s/he will try to minimize the disruption to your son's activities while still providing your ex with as much time with the boy as possible, given the distance. If you get one like mine, expect to take it in the rear on every issue, what the kid wants be damned.
 

Kevmar44

Member
Trust me, I already took it in the rear last fall when we went to court. I refused a mediator b/c I know my ex & he would sit across from me & lie or not saying anything b/c the wife wouldn't be in the room to make his lips move, so they appointed my son a guardian-ad-litem. This person who was supposed to have my son's best interest in mind listen to my son tell him repeatedly he wanted to live with me. Also during this time he had proof my ex let his wife knock my son down & rip a necklace off him, he had proof from the school that my ex did not provide my son with his ADD medication, he had proof that my ex didn't pay his half of school expenses and he even admitted he witnessed my ex's violence. Despite all this his first recommendation was that we keep our shared parenting at a week at a time! When the judge refused to accept that he came back with this school year/summer schedule. But the whole time he sat with my ex on his side of the court room & agreed with everything his attorney said. He was at my house for my home visit (that lasted less than 20 minutes) less than a week before our court date & I told him I was going to ask for a continuance b/c I didn't have an attorney & he told me that he didn't think I needed to that I would be ok with what he had to say!! He set me up like a duck in the water! And I had to pay him almost $2,000 for the priveledge of him screwing me over!

And I'll be damned if my ex moves to Florida & thinks I will pay a dime of travel expenses. If it were a job transfer or something legit I would consider it but anything my ex does is done out of spite & I'll fight it all the way.
 

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