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DedicatedDad
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Re: Relocating to AZ [Re: Miranda]
      #691146 - 09/17/10 06:21 PM

It's extremely different from state to state. They all have their own rules for in state and out of state moves.

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preemiemom
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Re: Relocating to AZ [Re: DedicatedDad]
      #691157 - 09/17/10 08:53 PM

Depends on the circumstances, and the child.

First, my child sees her father MORE post-move. He saw her 7 hours a week, 3-4 weeks a month. 28 hours tops. He now has 2 weekends with overnights, or double the hours. 5 weeks vacation, versus none. Oh, which for the summer he only opted for 2 of 3, and cancelled one of the two because it couldn't be all fun time.

My child has some behavioral and probably sensory issues. Since moving and being in a household with two adults working as a team, she is vastly improved, with noticeable regressions in behavior following ANY contact with dad.

It is what it is. And yes, had it gone to trial, I had an overwhelming case in my favor. My ex never took his full time from day one, didn't financially support her but accrued major debt to, in part, support an alky druggie unemployed friend. When he filed for bankruptcy on those debts? He used our child to commit bankruptcy fraud.

At trial, his intended witnesses? His first wife, against whom a no contact provision exists for in my divorce, and her boyfriend/baby daddy, the guy she was banging on the side when married to my ex. NOT the parents he lives with, who could actually testify to the relationship between parent and child. The boyfriend pretty much ran my ex's case. My ex, his lawyer got pretty crucified by the law guardian and the wife and boyfriend were strongly urged not to show their faces again relative to our case.

Yea my daughter is infinitely better off here, than there. No question. My ex is a nut who uses our child like an accessory doll for his older kid.

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The best we can do is live our lives with enlightened improvisation.


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googledad
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Re: Relocating to AZ [Re: preemiemom]
      #691170 - 09/18/10 12:03 AM

I'm confused, isn't that what I said?

>>>>>>> Not really .

However, in the county I just left, 12 out of 14 judges will nearly ALWAYS grant a move request.

>>>>>>>>> Then they're not following case law or doing their jobs without a trial . Guess they ain't that great . I'd wonder how many decisions stand up to appeal .

The reality is, in this day and age, that moves are not uncommon and are often necessary.

>>>>> OP never provided a reason why her fiance couldn't move to her state .

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preemiemom
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Re: Relocating to AZ [Re: googledad]
      #691260 - 09/18/10 07:42 PM

Quote:

I'm confused, isn't that what I said?

>>>>>>> Not really .

-------------------->> Um, yeah it is. I said every case was individual and to consult a LOCAL attorney.

However, in the county I just left, 12 out of 14 judges will nearly ALWAYS grant a move request.

>>>>>>>>> Then they're not following case law or doing their jobs without a trial . Guess they ain't that great . I'd wonder how many decisions stand up to appeal .

------------------------>> I would disagree. Case law in NY provides that a remarriage IS in the best interest of the child and is the #1 reason FOR granting a move-away.

Oh, and there is an EXTREMELY low "overturn on appeal" rate. Virtually none are ever overturned, even if they're actually heard.

The reality is, in this day and age, that moves are not uncommon and are often necessary.

>>>>> OP never provided a reason why her fiance couldn't move to her state .




------------------------>>> There are situations where that IS possible. SO couldn't move either. He would be unemployable if he did. Not getting into details as to why; however, it's not criminal/illegal, just what he does, he does in an unusual/special arrangement. It isn't an option anywhere else. Period. The end.

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The best we can do is live our lives with enlightened improvisation.


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DedicatedDad
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Re: Relocating to AZ [Re: preemiemom]
      #691276 - 09/18/10 11:48 PM

I'm not going to beat this to death anymore, but I suspect your attorney's opinion of what the judges would decide is off. If I understood your posts correctly, you didn't win a court decision to move, but your ex agreed to the move.

You may have had special circumstances that would increase that chance to move. But, as I recall with the original poster, the other parent has 25% of the time with the kids, and their only reason listed to move is to get with their fiance. I can't imagine they will be successful. I'll end the conversation here myself.


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preemiemom
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Re: Relocating to AZ [Re: DedicatedDad]
      #691281 - 09/19/10 07:10 AM

My case went to the day of trial, didn't end in trial. The opinions provided were provided throughout the preparation; however, were also given to me before I even DIVORCED.

Now, if you want to start practicing law in my former county, and charging $400 an hour? Perhaps then you'd be qualified to say whether the opinions of an attorney who IS practicing in that county are "off". Oh, for the record? , I consulted with NUMEROUS attorneys in my county. All opinions (and information) agreed with that of my attorney. But, again, please let me know your name and address so I can send my legal representation bucks to you

Sorry just peeves me totally that people in entirely different states, without admittance to ANY bar, presume to know what will happen in EVERY state, EVERY case. You know YOUR situation and maybe that of a few friends/family/whatever.. just like the rest of us. That's why I said to the original poster, consult a LOCAL attorney. Explain the details of THEIR case. THEN they will know what is likely/not likely. Not from a bunch of bitter/angry posters with their ax's to grind.

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The best we can do is live our lives with enlightened improvisation.


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DedicatedDad
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Re: Relocating to AZ [Re: preemiemom]
      #691282 - 09/19/10 07:24 AM

Like I said, I'm done.....although I'm not sure if you are referring to me as bitter or angry. My ex is a great coparent whom I respect and care for....she's awesome....there's no bitterness here.

I agree that only a local attorney is appropriate for the OP, so they can present the specifics of their case.



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preemiemom
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Re: Relocating to AZ [Re: DedicatedDad]
      #691283 - 09/19/10 07:50 AM

I assumed you were, since there was no necessity for the argument to begin with.

I have come to the conclusion (after having been given universally bad advice from this site just recently) that this site does a HUGE disservice to people and that the ONLY advice that should be given is to consult a local attorney. But, that's just me. I won't be posing any legal questions here anymore.

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The best we can do is live our lives with enlightened improvisation.


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Miranda
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Did anyone just look up move away laws? [Re: preemiemom]
      #691286 - 09/19/10 09:14 AM

Massachusetts Law - What If A Spouse Wants To Move Away?

If the child is under age 18, or was born in Massachusetts, or has lived there five-years, in order for a parent to move the child out of the jurisdiction, the parent must get one of:


The child's consent, if the child "of suitable age to consent" (the meaning here is unclear); or
Both parents' consent; or
A court order allowing the child to be moved (this is the most frequent route).
In the event of a court order, the court will make this decision based on what appears best for the child under all the circumstances of the case, and based on whether there is a real advantage to the child in the new location.

The key advantages that can justify a move are:


Employment for the parent.
Being near family, especially grandparents from either side.
Being in the custodial parent's native culture, if significantly different from the present culture.
The court will also consider whether there is a motive to deprive the other spouse of contact; this will work against the move.

And the court will see how much the move will decrease the child's contact with the other parent, which also works against the move.

Section 30.

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13.1...because I am only half crazy!


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googledad
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Re: Relocating to AZ [Re: preemiemom]
      #691358 - 09/20/10 06:51 AM

I would disagree. Case law in NY provides that a remarriage IS in the best interest of the child and is the #1 reason FOR granting a move-away.

>>>>>>>>> Please cite . I haven't seen ANYTHING that overturns Tropea v Tropea , where ALL factors need to be considered before relocation is allowed .

In reality, cases in which a custodial parent's desire to relocate conflicts with the desire of a noncustodial parent to maximize visitation opportunity are simply too complex to be satisfactorily handled within any mechanical, tiered analysis that prevents or interferes with a simultaneous weighing and comparative analysis of all of the relevant facts and circumstances. Although we have recognized and continue to appreciate both the need of the child and the right of the noncustodial parent to have regular and meaningful contact (see generally, Weiss v Weiss, supra), we also believe that no single factor should be treated as dispositive or given such disproportionate weight as to predetermine the outcome. There are undoubtedly circumstances in which the loss of midweek or every weekend visits necessitated by a distant move may be devastating to the relationship between the noncustodial parent and the child. However, there are undoubtedly also many cases where less frequent but more extended visits over summers and school vacations would be equally conducive, or perhaps even more conducive, to the maintenance of a close parent-child relationship, since such extended visits give the parties the opportunity to interact in a normalized domestic setting. In any event, given the variety of possible permutations, it is counterproductive to rely on presumptions whose only real value is to simplify what are necessarily extremely complicated inquiries.

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Careful. We don't want to learn from this.


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