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Divorce Source Community Forums >> Child Removal Issues

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lucymastiff
recently joined

Reged: 10/19/09
Posts: 7

moving out of state..

#591072 - 10/22/09 03:11 PM

Trying help a friend.. CP had a geographical restriction that was lifted when NCP moved out of the specific county/contgious county. The family is now moving in 2 weeks and while CP has come to a verbal agreemnet with NCP, CP is concerned that NCP will try a last minute attempt to keep the child in the state. They were supposed to have an updated agreement drawn up by NCP's lawyer/as well as CP's lawyer.. now the communication has ceased in the last 3-4 days.. question.. could they be up to something? Can the NCP spring a surprise, and have CP served with something? Unfamiliar with this ... though someone might know to answer some questions until CP hears back from their lawyer...

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mommyof9
old hand

Reged: 10/04/08
Posts: 1176

Re: moving out of state..

[Re: lucymastiff]
#591215 - 10/22/09 09:44 PM

Verbal agreements are worthless. If the NCP changed their mind and decided that they want to maintain a close relationship with their child(ren) thnn more power to them. Your friend will need some VERY compelling evidence to convince a judge that moving away from their parent is in their best interests...

--------------------
Hope for the best, prepare for the worst.

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lucymastiff
recently joined

Reged: 10/19/09
Posts: 7

Re: moving out of state..

[Re: mommyof9]
#591290 - 10/23/09 07:34 AM

That's great, but what can they do? Leagaly? I'd just like to have an actual answer for him..

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DeeCan
veteran

Reged: 04/05/08
Posts: 1266

Re: moving out of state..

[Re: lucymastiff]
#591617 - 10/23/09 09:18 PM

NCP could petition for custody. She could petition for CP to pay additional costs associated with parenting time. She could petition to prevent CP from removing the children from the jurisdiction they are in now.

There's a wide variety of things for which she could Petition. And any verbal agreements will have no bearing.

--------------------
Don't drink and park, accidents cause people.

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safty
recently joined

Reged: 11/03/09
Posts: 3

Re: moving out of state..

[Re: DeeCan]
#596641 - 11/07/09 06:15 AM

More than likely through the uniform custody act, if the parent files for custody, automatic orders are installed. In Connecticut, these auto orders include not being able to permanetly remove the child out of state. Having filed for custody, the auto orders prevented my ex from taking our daughter out of state postponing the risk of legal action in a state far far away. Check with the legal practice book in our state. It is most likely available on line.

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