What is the name of your state?What is the name of your state?What is the name of your state? Indiana
My husband and his ex-wife negotiated their divorce settlement in mediation. They agreed to Joint Legal Custody with her having Primary Physical Custody. There was also the standard provision that she would not move more than 100 miles away from our county of residence without permission from the court. The day after mediation, she purchased a home 116.8 miles from our home, (but 99.7 miles away from the county line) without informing my husband. One week after the Judge signed their Agreement, she told him about the home purchase. Three days later, she left with his sons (2 and 5 years old).
Because of this move we have now lost our weekday parenting time (Thursdays from 5 p.m. to 8 p.m.) and our Sunday overnights because of the distance factor. And now have to incur the costs of "meeting half way" for pick ups and drop offs.
Further, she routinely 'loses' her daycare during which times we keep the boys until she is able to contract new care. (Since January of this year, the boys have had 3 new daycare providers in her new hometown.) We love having them the additional time, but worry that they become confused and insecure when they come to stay with us for 'a few days' and it turns into 'a few weeks'. Adding to this frustration is the fact that my husband is still required to pay her child support, even when they stay with us for these extended periods and we incur additional costs for our daycare.
Had my husband been aware of her pending move, things would have been negotiated very differently. We feel cheated out of precious consistent time with two little boys that we love dearly and are worried about the stability of their environment when they are so far away. Is there a course of action that we can take given that she negotiated in bad faith?
My husband and his ex-wife negotiated their divorce settlement in mediation. They agreed to Joint Legal Custody with her having Primary Physical Custody. There was also the standard provision that she would not move more than 100 miles away from our county of residence without permission from the court. The day after mediation, she purchased a home 116.8 miles from our home, (but 99.7 miles away from the county line) without informing my husband. One week after the Judge signed their Agreement, she told him about the home purchase. Three days later, she left with his sons (2 and 5 years old).
Because of this move we have now lost our weekday parenting time (Thursdays from 5 p.m. to 8 p.m.) and our Sunday overnights because of the distance factor. And now have to incur the costs of "meeting half way" for pick ups and drop offs.
Further, she routinely 'loses' her daycare during which times we keep the boys until she is able to contract new care. (Since January of this year, the boys have had 3 new daycare providers in her new hometown.) We love having them the additional time, but worry that they become confused and insecure when they come to stay with us for 'a few days' and it turns into 'a few weeks'. Adding to this frustration is the fact that my husband is still required to pay her child support, even when they stay with us for these extended periods and we incur additional costs for our daycare.
Had my husband been aware of her pending move, things would have been negotiated very differently. We feel cheated out of precious consistent time with two little boys that we love dearly and are worried about the stability of their environment when they are so far away. Is there a course of action that we can take given that she negotiated in bad faith?
If a parent moves over 100 miles away it is perfectly reasonable that the other parent petition the court to modify support based on increased transportation costs- or make the moving parent responsible for transportation. Also your husband needs to file to modify the parenting plan to reflect longer distance visitation. ie; longer periods of time, less often.
I think it's a 50/50 chance the judge will see this 'minor' manipulation and can adjust transportation costs accordingly. I could see a parent moving up to 200 mi. away (& yet only 100 outside county lines)....where is the distinction?