hikv
recently joined
Reged: 09/27/07
Posts: 6
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My ex-wife notified me ONE week after we signed the divorce agreement that she found a job in PA and wanted to move there with my 3yo boy. She said if she doesn't take this job, she would lose her current job by the end of this year and become unemployeed. BTW, she has MS and PhD in Mechanical Engineering.
I told her that I don't agree on her move since it's not in the best interest of our child. Currently I see my child every Wed night and every other weekend. Her move will definitely impact my parenting time and damage my bond with my child.
She gave me a proposal this week but it doesn't compensate most of the time I will lose if she moves, besides she doesn't offer the cost of my trips, only part of them. I told her no way.
So the only chance for her is to go to court. Her attorney already filed an emergency motion for court hearing.
Does anyone know what will be likely the outcome of MA court's decision on this? Is MA more permissive or restrictive on child moving-away issue?
Any suggestion or information are greatly appreciated.
Thanks,
kv
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Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2015
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Quote:
My ex-wife notified me ONE week after we signed the divorce agreement that she found a job in PA and wanted to move there with my 3yo boy. She said if she doesn't take this job, she would lose her current job by the end of this year and become unemployeed. BTW, she has MS and PhD in Mechanical Engineering.
I told her that I don't agree on her move since it's not in the best interest of our child. Currently I see my child every Wed night and every other weekend. Her move will definitely impact my parenting time and damage my bond with my child.
She gave me a proposal this week but it doesn't compensate most of the time I will lose if she moves, besides she doesn't offer the cost of my trips, only part of them. I told her no way.
So the only chance for her is to go to court. Her attorney already filed an emergency motion for court hearing.
Does anyone know what will be likely the outcome of MA court's decision on this? Is MA more permissive or restrictive on child moving-away issue?
Any suggestion or information are greatly appreciated.
Thanks,
kv
If the courts allow the move, ask to have child support modified to compensate for your added cost of transportation. And that she has to pay for the transportation for the visits.
The reason why I say get the child support modified for transportation is so that you can take long week-ends for extra visits.
And if the courts do allow this move, ask that you absolutely get the child whenever you have a chance to go to where the child is for the entire time that you are there. If they give you that, they will probably put in there that you have to give them notice. Be sure to give that notice so that they can't deny the visitation. Even if it means that the mother has to re-arrange her plans. And it needs to be noted that these extra visits are in addition to the regular long-distance parenting plan (which an attorney should be able to give you an idea of), not in place of.
Hopefully, the judge will tell her that she can move, but the child stays put.
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Buckeye
Carpal \'Tunnel
Reged: 12/08/05
Posts: 7857
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My suggestion is for you to also get an attorney. This is too important to go pro se.
My suggestion, let her move BUT you keep the child.
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googledad
Carpal \'Tunnel
Reged: 12/31/05
Posts: 10207
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[My ex-wife notified me ONE week after we signed the divorce agreement that she found a job in PA and wanted to move there with my 3yo boy. She said if she doesn't take this job, she would lose her current job by the end of this year and become unemployeed. BTW, she has MS and PhD in Mechanical Engineering.
I told her that I don't agree on her move since it's not in the best interest of our child. Currently I see my child every Wed night and every other weekend. Her move will definitely impact my parenting time and damage my bond with my child.
She gave me a proposal this week but it doesn't compensate most of the time I will lose if she moves, besides she doesn't offer the cost of my trips, only part of them. I told her no way.
>>>>>>>>>>> Usually the party relocating bears the cost of transportaion.
So the only chance for her is to go to court. Her attorney already filed an emergency motion for court hearing.
Does anyone know what will be likely the outcome of MA court's decision on this? Is MA more permissive or restrictive on child moving-away issue?
>>>>>>>>>>>>>> Restrictive unless there moving parent has good , sincere reasons for moving ( I'm quoting case law on this ) . Her motives may be neither as she waited until immediately after the divorce was finalized to mention it .
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Careful. We don't want to learn from this.
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hikv
recently joined
Reged: 09/27/07
Posts: 6
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I do have an attorney who is the one helped in the divorce. I asked his opinion on this, but I think he just wants to be careful because he said there is 50/50 chances if we see the judge.
I did tell my attoreny that either she is not moving or she can move without child.
If she is allowed to move with the child (I really hope not), then I will ask for child support modification for transportation and hotel costs or ask her to pay all the costs.
It's also my feeling and my attorney's feeling that she did this whole set up since she never mentioned moving away during our negotiation period. Now she got a lot more money than she deserves (I offered her more in exchange for more time with my son) and simply wants to move away. I hope judge will consider this fact that her moving is not in a good faith.
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hikv
recently joined
Reged: 09/27/07
Posts: 6
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Does anyone know what the chances are that the judge will change the physical custody to me and allow her to move?
Or will judge most likely doesn't allow her to move?
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texas_dad
journeyman
Reged: 05/03/07
Posts: 70
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You are getting into a complicated legal area with a move-away. If you do not handle it right you will lose, and you will not likely get physical custody changed over this. This may be over your attorneys head if he says 50-50, and you may need to find a specialist attorney to handle this and file a motion for continuance on her "emergency motion" to relocate. At the least if you come on strong and sink some strong legal teeth in this, she may be willing to back down and negotiate a better long-term arrangement for you that will more than pay the costs of your attorney. You may have the right to push this issue to a trial in your state, rather than allow the judge to make a quick ruling on this.
Edited by texas_dad (09/28/07 08:51 PM)
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hikv
recently joined
Reged: 09/27/07
Posts: 6
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Definitely, i will ask for trial if necessary.
In case of ruling on her favor, can I appeal? If so, where can I go to appeal?
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focusedon2
Pooh-Bah
Reged: 12/10/05
Posts: 2136
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Quote:
Restrictive unless there moving parent has good , sincere reasons for moving
In MA, moving away to secure employment is considered a good, sincere reason for moving.
Especially since the economy in MA is weak and it is well known that more people have moved out in the past few years than have moved in.
That is probably why the lawyer was so cautious.
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Relayer
Carpal \'Tunnel
Reged: 03/13/07
Posts: 9506
Loc: Moorglade Mover
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Quote:
Quote:
Restrictive unless there moving parent has good , sincere reasons for moving
In MA, moving away to secure employment is considered a good, sincere reason for moving.
Especially since the economy in MA is weak and it is well known that more people have moved out in the past few years than have moved in.
That is probably why the lawyer was so cautious.
Did you move using that reason, if not, you dont know what you are tlking about.
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GO CUBBIES!!!!
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