Divorce Source: Moving with Primary

Encyclopedia

Checklists

Tools

Downloads

Bookstore

Start Your Divorce Today - Premium Divorce Online

You are not logged in. [Login]
NEW USER Registration

DS Home · Community Forums · All Forums/Msg. Centers
NEW USER Registration · Search Community Forums · Help

Divorce Source Community Forums >> Child Removal Issues

Jump to first unread post.

Pages: 1 | 2 | (show all)

Maury
Carpal \'Tunnel

Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->

Re: Moving with Primary

[Re: Kay312010]
#771081 - 12/13/11 10:41 AM

It is possible and certainly an argument to be made. A counter argument is that the other parent is serving this country in a temporary fashion and will reestablish in the State when the deployment is over. Allowing a move-away under such circumstances may be argued as a baad precedent in regard to military members. the result may depend on the effectiveness of your presentation as part of a motion.

Post Extras:

Runswithscissors
Carpal \'Tunnel

Reged: 05/29/04
Posts: 13381

Re: Moving with Primary

[Re: Kay312010]
#771315 - 12/14/11 07:17 PM

What are you offering him when he is home?

Post Extras:

Kay312010
recently joined

Reged: 12/02/11
Posts: 7

Re: Moving with Primary

[Re: Runswithscissors]
#771487 - 12/16/11 09:33 PM

I don't see that argument because he has a child from a previous relationship that lives out of state with his parents that he consents. He will not reestablish in the state because he is due to get a change of duty stations in the next 6 months - 2 years. He is also not from the state so either way he will be long distance parenting. I recently learned that NC is a state in favor of relocation and the non moving parent has the burden to prove the move could harm the child so I am hoping it will go in my favor. I am also hoping that the judge will question HIS motive for denying the move based on the fact that he asked me to wait until he returned from his last deployment of a full year then stated he doesn't know when he will leave or return, he is not active in our child's life and he has another child that is not in his care because he is unable to provide stability or care for them.

When we attend mediation I offered to pay half of transportation fees. The reason is because my income is limited due to disability and he makes a lot of money traveling. Once he leaves NC he will have to pay to see her anyway so I feel he should be responsible for a least half. I also offered 6 weeks summer, alternating holidays and Springbreaks and every 8 weeks. Also Skype every other day at 7pm-8pm.

Post Extras:

Maury
Carpal \'Tunnel

Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->

Re: Moving with Primary

[Re: Kay312010]
#771595 - 12/19/11 10:32 AM

Generally, the party relocating will have the burden of more than half of the transportation fees if those fees are created due to the relocation. That really is not much of an offer if you are seeking an agreement. There is very little incentive not to roll the dice in court.

Post Extras:

Kay312010
recently joined

Reged: 12/02/11
Posts: 7

Re: Moving with Primary

[Re: Kay312010]
#771603 - 12/19/11 12:30 PM

In NC, the burden is on the non moving parent as it is not seen as a substanial change in circumstances. But you still need to have approval from other parent or court. I just don't know how heavy the burden has to be. My attorney scheduled a 2 day trial and mediation. That's going to be a lot of money when he knows he can't have primary and it will be more likely that I have a good chance given NC is favorable with relocation unless other parent can prove it's a substanial change which would trigger a change in custody that he can't even take.

Post Extras:

Pages: 1 | 2 | (show all)

Extra information

0 registered and 1 anonymous users are browsing this forum.

Moderator:

Print Topic

Forum Permissions
      You cannot start new topics
      You cannot reply to topics
      HTML is disabled
      UBBCode is enabled

Rating:
Topic views: 3648

Jump to

Divorce Source Home

UBB.threads™ 6.5.1.1

Resources & Tools

	Start Your Divorce Several Options to Get Started Today.		Online Divorce Tools Keeping it Simple to Get the Job Done.
	Download Center Instantly Download Books, Guides & Forms.		Discount Books Over 100 of the Best Divorce & Custody Books.
	Negotiate Online Settle your Divorce and Save.		Custody Scheduling Make Sure You Document Everything.

Easily Connect With a Lawyer or Mediator

Have Divorce Professionals from Your Area Contact You!