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It's that time

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sipa

Member
What is the name of your state (only U.S. law)? NJ

It's that time, I have been lurking and learning for months- now it's my turn actually my husbands turn to ask some questions. You've been waiting huh?

Ok turning over to him.

This is Mr Sipa, my ex is planning a move out of state. ( Moving from here to North Carolina). My court documentation specifies nothing NOTHING. Not medical, not dental, not pick up not drop off, not first refusal not anything not holidays, Except insurance and court schedule (Me Wed at 6 to Saturday at 6). I have two girls ages 9 and 13.

I began having physical violence issues with my 13 year old alittle less then a year ago, we decided some time away from each other may do both of us some good in sorting out our feelings. Two weeks has turned into 10 months when I was informed by my daughter she was told she did not need to return to my home because her mother said so. I have not utilized my visitation of my oldest daughter on the court ordered schedule since( I have her randomly when she feels like it or her mother decides she needs time to herself) I know bad to let a child make a decision, but the physical violence against the other kids I could not have in this house. She needs counseling but her mother will not agree.

My youngest is still here on her court appointed schedule.I do not wish to fight their mother on her move I do however want it to go through the courts as my ex has a habit of hanging the phone up when I call, taking kids with out my permission or dumping them on me when unexpected. I could be mid sentance with one of the kids and click. This has gone on for years. I am also concerned that with out a court appointed visitation schedule I will never see my kids again, or I will get random calls telling me their arrival time at the air port with no warning. I asked her to put this through the court system. She subsiquently called and told me that she had some "financial information about what she expects me to pay in child support and some information regarding whose responsiblity it will be to cover insurance" asking if I could review and sign it notorized so it is a sealed deal and she can leave the state.

I know from my wife's knowledge from here that a notorized piece of paper means nothing. It was at that point that I sent the letter to her telling her that I do not approve of the move with out court approval and that this needs to go through the court system (certified and reg mail signed for on Friday). I also sent a copy of the NJ requirements for custodial parent to move out of state. That same weekend when I went to pick my youngest up at school on Friday she was gone my ex came and got her on my time. I got a call later that night from my daughter telling me Mom said she did not have to come back that weekend. And this is why I am fearful and want this court documented.

I do not wish to do this back and forth thing with this women. I do what I can to stay out of the line of fire because when ex is pissed at me, the kids get the brunt of it.

So now that I sent the letter if she is planning on leaving mid June how long before she leaves does she have to notify me, and if I do not have a notification by that time what is my next step?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? NJ

It's that time, I have been lurking and learning for months- now it's my turn actually my husbands turn to ask some questions. You've been waiting huh?

Ok turning over to him.

This is Mr Sipa, my ex is planning a move out of state. ( Moving from here to North Carolina). My court documentation specifies nothing NOTHING. Not medical, not dental, not pick up not drop off, not first refusal not anything not holidays, Except insurance and court schedule (Me Wed at 6 to Saturday at 6). I have two girls ages 9 and 13.

I began having physical violence issues with my 13 year old alittle less then a year ago, we decided some time away from each other may do both of us some good in sorting out our feelings. Two weeks has turned into 10 months when I was informed by my daughter she was told she did not need to return to my home because her mother said so. I have not utilized my visitation of my oldest daughter on the court ordered schedule since( I have her randomly when she feels like it or her mother decides she needs time to herself) I know bad to let a child make a decision, but the physical violence against the other kids I could not have in this house. She needs counseling but her mother will not agree.

My youngest is still here on her court appointed schedule.I do not wish to fight their mother on her move I do however want it to go through the courts as my ex has a habit of hanging the phone up when I call, taking kids with out my permission or dumping them on me when unexpected. I could be mid sentance with one of the kids and click. This has gone on for years. I am also concerned that with out a court appointed visitation schedule I will never see my kids again, or I will get random calls telling me their arrival time at the air port with no warning. I asked her to put this through the court system. She subsiquently called and told me that she had some "financial information about what she expects me to pay in child support and some information regarding whose responsiblity it will be to cover insurance" asking if I could review and sign it notorized so it is a sealed deal and she can leave the state.

I know from my wife's knowledge from here that a notorized piece of paper means nothing. It was at that point that I sent the letter to her telling her that I do not approve of the move with out court approval and that this needs to go through the court system (certified and reg mail signed for on Friday). I also sent a copy of the NJ requirements for custodial parent to move out of state. That same weekend when I went to pick my youngest up at school on Friday she was gone my ex came and got her on my time. I got a call later that night from my daughter telling me Mom said she did not have to come back that weekend. And this is why I am fearful and want this court documented.

I do not wish to do this back and forth thing with this women. I do what I can to stay out of the line of fire because when ex is pissed at me, the kids get the brunt of it.

So now that I sent the letter if she is planning on leaving mid June how long before she leaves does she have to notify me, and if I do not have a notification by that time what is my next step?

The step that you NEED to take immediately, is to file for a change in the parenting schedule based on mom's intent to relocate...and makes sure that all issues are addressed and spelled out.
 

sipa

Member
The step that you NEED to take immediately, is to file for a change in the parenting schedule based on mom's intent to relocate...and makes sure that all issues are addressed and spelled out.


LdiJ- This is the Mr again, I am unclear, I can do this now? This parenting schedule you refer to is for after her move correct?
 

sipa

Member
You should seek the advice of a local attorney


That advice is very good accept during two phone consults in the last 8 weeks I have been quoted a $3500 retainer with a topping at 10 grand.

An attorney is just not feasable.

I am NOT fighting the move I just want to make sure EVERYTHING is spelled out unlike my original orders.

My wife has learned from being here that I will most likely get every other holiday, 4 to 8 weeks in the summer, I will have to pay child support (she is 8 yrs behind on child support which was only $13 a month but none the less has never been paid) I know that in this state she will most likely have to pay the two and from travel. I know that I can ask for schedule phone time ect.

I also know I should have been back and forth to court a dozen times with the crap she has pulled over the years but what is the point when it is taken out on the kids constantly?

All I am trying to do is make sure the move is executed through the court so that court doc's are written and I am sure I can see and communicate with my children what I do not want her to do is ignore the letter I sent advising her again after doing it verbally that it must go through the court.

I believe it s 60 days notice with 30 for me to respond- if we are 60 days out and I have nothing I assume it is her intent to leave with out going to court.
 

Bulldog99

Member
That advice is very good accept during two phone consults in the last 8 weeks I have been quoted a $3500 retainer with a topping at 10 grand.

An attorney is just not feasable.

I am NOT fighting the move I just want to make sure EVERYTHING is spelled out unlike my original orders.

My wife has learned from being here that I will most likely get every other holiday, 4 to 8 weeks in the summer, I will have to pay child support (she is 8 yrs behind on child support which was only $13 a month but none the less has never been paid) I know that in this state she will most likely have to pay the two and from travel. I know that I can ask for schedule phone time ect.

I also know I should have been back and forth to court a dozen times with the crap she has pulled over the years but what is the point when it is taken out on the kids constantly?

All I am trying to do is make sure the move is executed through the court so that court doc's are written and I am sure I can see and communicate with my children what I do not want her to do is ignore the letter I sent advising her again after doing it verbally that it must go through the court.

I believe it s 60 days notice with 30 for me to respond- if we are 60 days out and I have nothing I assume it is her intent to leave with out going to court.

Why do you not fight her move out of state? Do you not want your kids to be a close part of your life? I just won full custody of my kids when my X was going to move out of state and 3,500 with a 10k max is nothing I payed well over 20k and now it was worth every cent. Thank about it this way if you get custody(if thats what you want) MAYBE it will keep her from taking you to court all the time. Im only telling you what I did when my X tryed to make me a post card dad. Good luck!!!!!
 

sipa

Member
Why do you not fight her move out of state? Do you not want your kids to be a close part of your life? I just won full custody of my kids when my X was going to move out of state and 3,500 with a 10k max is nothing I payed well over 20k and now it was worth every cent. Thank about it this way if you get custody(if thats what you want) MAYBE it will keep her from taking you to court all the time. Im only telling you what I did when my X tryed to make me a post card dad. Good luck!!!!!

This is Mr again. I have thought about this for a long time, her first attempt to move was Pennsylvania 4 years ago and then California, that was 2-3 years ago and ultimatly what caused a rift between by 13 year old and I. My 13 year old became beligerent and nasty towards our whole family (her step sister especially). I was planning on fighting that move I myself did not make my daughter aware of it but my ex did. Now she and I have a strained relationship at best.

My kids have lived through an aweful, nasty divorce, of which myself I am not to proud of. I have done everything I can to take care of my children, and so has my ex. It is just plainly cleary that the ex and I do not view parenting the same. I can not tell you the amount of times my ex has gone away and called at pick up time to say she was not coming back until Monday or Tuesday and to just "keep" the kids. It is who the ex is, she is leaving on way or the other, sooner or later. I may hate her HATE her but she is the mother of my two young daughters and they do not want to seperate from her. I know it is not right to let the kids make decisions, but I have sat down with my kids, they want to be with her. So what spend 20 k to keep two kids here that do not want to be here? And put myself neck deep in debt? And keep my kids here against their will, and put them through a nasty custody battle. No I am sorry, my kids have seen enough of that to last a life time. And frankly I am tired of fighting.

So again, please understand I am here to see what I need to do to continue a relationship with my children.

Again if 60 days out from her move date and I have no paperwork what do I file with the court to advise of her suspected move?
 

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