zoolife31
member
Reged: 06/10/09
Posts: 128
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I have sole custody, dad lives 3k+ miles away, has for a couple years. I finally finished my degree and got a job offer in the next state over. My divorce papers state I have to give a reasonable time frame for notifying father of move. What the heck is a "reasonable time frame"? Dad has no intentions of moving here or near here and move isn't going to affect his time with kids.
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Miranda
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Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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Usually 30 days, but you can check your state statutes. I don't know if it really matters at this point, but you should cover your bases just in case.
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13.1...because I am only half crazy!
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zoolife31
member
Reged: 06/10/09
Posts: 128
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Where can I check state statutes?
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ccmom
member
Reged: 02/18/09
Posts: 160
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If you know now, why not just inform him now? Then, you don't have to worry about it.
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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Did you google it?
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13.1...because I am only half crazy!
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Avaya
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Reged: 02/09/06
Posts: 9823
Loc: Arkansas
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Just inform him. #1, dad should know where his kids are living/going to be living, always. #2, if he has visitation and exercises it, you don't know when he purchases airline tickets and he could have some departing from your current location on a date when you wont be living there.
Just inform him, shouldn't be a big deal. Sounds like your CO says you have to inform him, not that you have to seek his approval.
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Eternity is too long to be wrong.
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zoolife31
member
Reged: 06/10/09
Posts: 128
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I didn't try googling it yet because anytime I look up laws online I get lost in the legal wordage, LOL.
He actually does know, what I should've made clear was that I am supposed to notify the court in my district and the father in a letter in a reasonable amount of time. So I was wondering when I needed to do the formal aspect of it. Am I allowed to call the courts to find out? I know my lawyer had called to see if paperwork had made it to the judge's desk.
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Avaya
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Reged: 02/09/06
Posts: 9823
Loc: Arkansas
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Quote:
So I was wondering when I needed to do the formal aspect of it.
You're making this harder than it should be. Your CO says 'within a reasonable amount of time'. Are you a reasonable person? Nevermind. You know now, so do it now. Done.
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Eternity is too long to be wrong.
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zoolife31
member
Reged: 06/10/09
Posts: 128
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Why is a simple question getting you up in arms?
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Avaya
Carpal \'Tunnel
Reged: 02/09/06
Posts: 9823
Loc: Arkansas
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It's not, lol. But it IS a simple question and you are making it complicated dear. CO says to inform - so inform and be done with it.
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Eternity is too long to be wrong.
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preemiemom
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Reged: 01/17/07
Posts: 19391
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Yes, you can certainly call the court clerk to inquire as to what constitutes "reasonable". And that's exactly how I would phrase it. "I hate to have to bother you for this but, I am unclear as to wording of something and am hoping you can clarify it as it appears to be standard language. I am planning on moving (my ex knows and consents) and our order says I must notify the court in a 'reasonable' timeframe. Can you clarify what constitutes a 'reasonable' timeframe and ALSO what exactly do I need to do as part of that notification?"
If the person can't help you, ask them if they can refer you to someone else/another department that might be able to. Be sweet as sugar, and sound lost as a box of rocks.
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The best we can do is live our lives with enlightened improvisation.
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Maury
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Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
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A clerk cannot provide legal advise and cannot tell a person what "reasonable" means. It is an ambiguous term that can only be defined by existing statutes or case law in the state where it is entered. A lawyer should be consulted and, more to the point, more specific language should have been included in the decree.
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preemiemom
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Reged: 01/17/07
Posts: 19391
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Well, where I was, absolutely clerks had a strong understanding of the legal documents they were processing. The ONLY reason my divorce papers ended up being accepted WAS from the information provided by NOT lawyers but by CLERKS. THEY saw the language, day in and day out and it was THEM that worked through how to properly word what "self support reserve" meant so that it would be accepted, LEGALLY, by the court.
My current CS wording is absolutely 100% in violation of state stattute. Written BY a lawyer, allocuted to in front of ANOTHER lawyer and signed off on by a JUDGE (who before dealing with visitation was strictly a CS judge). I can walk into court tomorrow and demand full child support because the current legal wording of mine violates state statute in every way, shape and form. It doesn't provide pro-rata shares, it doesn't establish a presumptive child support amount, it doesn't specify there has BEEN a waiver and if one were specified there would need to be proper wording. I guarantee had such a document been passed through a CLERK? And NOT just gone from lawyer to judge and filed? It would NEVER have been signed off on.
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The best we can do is live our lives with enlightened improvisation.
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Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
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Nonetheless, clerk's are not allowed to give legal advice. Whether they do does not change that fact. I am happy it worked out for you, but I have encountered far too many instances where a person has listened to what a clerk said, intended as advice or not, and found themselves in a very difficult situation.
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LexieBelle
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Reged: 11/07/10
Posts: 3680
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Yes, my divorce would never have been done had it not been for the clerks, lol. I don't think they're much different than nurses. The reality is, the nurses see more, are more hands-on, and more well-versed than the docs. The docs just happen to have the fancy schmancy piece of paper that declares them an "expert" at what they do. I have found more doctors make mistakes than nurses. I have found more doctors to misdiagnose and for a nurse to be more dead on. Basically the "you ain't all that nor the bag of chips" type deal.
Sorry I'm just not that big on the "you have to have a piece of paper to deem you worthy" nonsense. Nothing personal against you, just a general feeling I have towards those "supposedly" better educated/more talented/should know better. If it makes you feel better, I'm equally unimpressed with sports stars and celebrities in terms of their being REMOTELY worth what they get paid. Total insanity in my opinion and money that would be much better utilized in building shelters, providing food, and other such humanitarian/worthwhile endeavors.
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Maury
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Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
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I am sure that view will be very comforting when you have your nurse perform surgery.
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LexieBelle
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Reged: 11/07/10
Posts: 3680
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Well, I wouldn't take the comparison QUITE that far  But compare clerks to lawyers. A clerk CAN represent themselves pro se, just like ANY other person. And, in Family Court, there is a high likelihood of pro se representation. No offense, trust me, I like lawyers, i'd love to be one BUT, the reality is? A fair number are NOT much better versed than those they supposedly represent. And yeah, you'd be just as well off hiring a court clerk.. or doing it yourself.
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Sherron
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Reged: 11/25/06
Posts: 20167
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"Well, I wouldn't take the comparison QUITE that far But compare clerks to lawyers. A clerk CAN represent themselves pro se, just like ANY other person. And, in Family Court, there is a high likelihood of pro se representation. No offense, trust me, I like lawyers, i'd love to be one BUT, the reality is? A fair number are NOT much better versed than those they supposedly represent. And yeah, you'd be just as well off hiring a court clerk.. or doing it yourself. "
Must be a NY thing lol.
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zoolife31
member
Reged: 06/10/09
Posts: 128
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Just an update, turns out it was 30 days. Which he was given plenty more notice than that.
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