CP trying to move out of state, not go to court to change orders

[lakings20fan]

YOUR STATE NAME - california
what can one do, if the ex/cp decides to up and move the daughter, age 6 out of state? she seems to think that she does not have to go back to court. the 6 yr old does NOT want to go. she wants to be with her daddy. We can not afford a lawyer, is there anyway to file a motion to have her stay in the state or surrounding counties without one? please, we are desperate to keep this 6 yr old with her family. the mother wants to move to a state where she just recently met a guy off the internet and is going to leave.. pleeeeease help us...

 

[I AM ALWAYS LIABLE]

My response:

Bank loan, credit card, borrow from friends, sell your cars - - but, if you want this child, the money is there for an attorney.

This is not something you can do on your own. It is quite complicated in view of State laws, and Constitutional rights to freedom of movement.

You're going to need to prove extreme detriment to both the child, and to the non-moving parent. It is not enough that there will be many miles between parent and child.

The fact is, if the move-away is imminent, then you've got to get into court immediately.

IAAL

 

[lakings20fan]

that is basically what i told my boyfriend, but my problem now is convincing him to not be stubborn and ask for help financially. I would even loan him the money for the retainer if he can get a lawyer that will accept monthly payments. It is so frustrating. we love that little girl so much and he would really miss seeing her every weekend. yet on the other hand is it worth putting a 6 yr old through a long drawn out court battle? know any lawyers accept low retainers or pro bono cases??? we are desperate.

 

[coolmomof4]

In this case...it is definitely worth it. You defintiely need to get an attorney and have him file an emergency custody order and temporary restraining order barring her to move with the child until a court hearing. I know from personal experience, but sightly different circumstances.

 

[jyoung]

I've been in court for almost two years now on my own as a pro se in what was an initial attempt to prevent relocation of my child from Florida. I've twice convinced a general master after trials that it was not in the best interest of the child to move or to modify my responsibility and visitation rights, twice the same judge has set aside those recommendations and now reversed them without seperate findings of fact or reason. On top of that he has ordered me to pay $95,000. in my ex's attorney's fees. I've appealed his decisions and am working my way through the district court of appeal.

Bottom line is while it can be done pro se, there are many pitfalls, setbacks, bias, lack of cooperation, research, time, neglect of my other family, etc. to endure. I continue only because I refuse to give up my daughter and I believe that I am doing what's best for her in the long run.

Good luck to you.

 

[Grandma B]

Apologies to lakings20fan for intruding on your thread, but I wanted to tell jyoung that it's GREAT to see him back.

 

[dncr]

My husband has a friend who wasn't allowed to move with her child to a different COUNTY because her ex conested it, let alone the state!

 

[lakings20fan]

thank you all so much for your imput. it is so hard to deal with at times. the cp is mainly trying to hurt my boyfriend and in the process she is going to hurt that 6 yr old little girl. i am hoping that my boyfriend can find a way to make some money and fight his ex and fight for his daughter.

 

[VeronicaGia]

Do what IAAL and coolmom says; if the court allows her to leave anyway, file a motion to modify support so that the CP has to pay for all travel expenses, since the CP is the one who is moving.

Start calling lawyers in the county that holds the support order now! Some will work for you for a modest amount, some may take payments. Don't wait another day.

 

[gmlovinlife]

Visitational Rights should be changed....

State of Illinois is where I live and my sons father-my ex boyfriend lives in Florida. He has harrassed me for six years and only holds to his visitational order from S.C. when he wants. He has not seen his son in a year and 2 months. Now he has an attorney and wants him only when his visits say he can for a week or longer. He wants him for two weeks but knows nothing about my son anymore. What can I do to get the order changed so there are no out of state visits and they are supervised. My son is only six but very bright, and he does not want to even talk with him on the phone. Someone help.........