DawnB
recently joined
Reged: 07/25/05
Posts: 17
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My daughter is 16 and I have full custody of her although she does see her dad occasionally and he does pay child support. We live in SD and he lives in Florida. Do I have to file something with the court to move? There were no stipulations in our divorce papers. Also, how does that work for child support? Does it stay the same? Or does he have to file something to have it recalculated based on location? If so, would he do that in the court here in California? Sorry so many questions!!! Just want to be prepared.
Thanks!
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cr1971
newbie
Reged: 09/17/07
Posts: 26
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You should review the UCCJA...It is part 3 under the Family Law section. You should be able to move without an issue, however, if it costs more for him or her to travel for visitation you might have to pay for the difference. Sounds strange but true. Also when you move you should file for the support change because the costs for living will be different and I'm sure CO has their own Dissomaster. Granted the support might be less depending on the situation so it is really up to him to file for the change in support.
Also how long has he lived in Florida for? Would/could he just move back to CA and fight you on this?
http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=fam&codebody=&hits=20
Edited by cr1971 (09/26/07 11:20 PM)
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googledad
Carpal \'Tunnel
Reged: 12/31/05
Posts: 10207
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My daughter is 16 and I have full custody of her although she does see her dad occasionally and he does pay child support. We live in SD and he lives in Florida. Do I have to file something with the court to move?
>>>>>>>>> Not if the father agrees to let you move .
There were no stipulations in our divorce papers.
>>>>>>>>>> Everything still has to be done legally to avoid complications later . First you need to notify him by certified mail of your intent to relocate 45 days before moving . You need to include a revised parenting plan , your new address and telephone number ( if possible ) and the reason for the move . The onus is then on him to contest in CA .
Also, how does that work for child support? Does it stay the same? Or does he have to file something to have it recalculated based on location? If so, would he do that in the court here in California?
>>>>>>>>>>>> CS will stay the same , you can register the order in CO for enforcement . The only reason for either state ( CO or FLA ) to assume jurisdiction is if either party requests modification of the order . Which state assumes jurisdiction will depend on the UIFSA .
Thanks!
>>>>>> You're very welcome .
--------------------
Careful. We don't want to learn from this.
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DawnB
recently joined
Reged: 07/25/05
Posts: 17
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He's been there a few years. Before that he lived out of the country, which was his choice. I can't imagine him fighting me on moving. Either way, he doesn't live near our daughter so us moving to Colorado won't change much for their relationship. Thanks for the info!
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