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gr8Dad
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Re: Relocation and Legal Action Help!!!!!!!!!!! [Re: LexieBelle]
      #745684 - 05/05/11 10:44 PM

But you cannot compare the situations. Yours was a relocation for a job, if I am not mistaken, hers is a relocation to go to SCHOOL. You were also not moving NEARLY as far as she is planning to move.

You were also not depending on SOMEONE else to pay for the transportation. Suppose her father becomes ill and cannot travel or pay for travel? She has stated she WILL NOT allow the child to fly unaccompanied, and CANNOT afford to pay for it. So is Dad just screwed?

Sorry, I agree that in YOUR situation, the move away was granted. She is NOT in your situation.

And something else to consider. WHY is the "program" she wants not offered in the area? Is it because there is no great NEED for that type of degree in her area? What would be the point of coming BACK, if she can't find a job?

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Why give a "senior" discount, they have had plenty of time to raise the money...


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M5M5
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Re: Relocation and Legal Action Help!!!!!!!!!!! [Re: LexieBelle]
      #745685 - 05/05/11 10:57 PM

You've never had a real custody battle on your hands either. It can be very brutal...much more than this message board.

How far did you move? I know you were allowed to move, but wasn't that just to NYC? This lady wants to move half way across the country..not just to a neighboring state or several counties over. Wouldn't that make a difference...the distance..because that's not something you can just drive in a few hours?


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LexieBelle
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Re: Relocation and Legal Action Help!!!!!!!!!!! [Re: M5M5]
      #745697 - 05/06/11 08:52 AM

I think it's doubtful he'd go for a full custody battle. But I could be wrong. Hey, someone suggested I offer my experience, I did. Within that, I also provided what an experienced attorney from my county, which is potentially her county given her location, has said about move-aways, in general. The majority of judges would, if given a decent case supporting one, WOULD grant a move-away. Those judges, a rejection is RARE. There are two others.. one you got a 50/50 shot, the other almost always DENIES the moves. That's from an experienced lawyer, who has handled MANY move-aways in this county. Likelihood of approval depends on the case you present and the judge you get. Her argument is strong. They won't care WHO is paying for the travel btw. As long as she is taking responsibility for executing it? That's all they'll care about.

To Gr8.. no I didn't move for a job. The basis of the move was partially relationship with exSO, and partially the financial situation that I was left with from the divorce (basically couldn't afford to live on LI anymore, was losing the marital home, credit was destroyed so renting elsewhere on LI was unlikely, even here, I just had trouble getting an apartment due to the issues with my credit resulting from the financial mess from exH.).

M5: No, I moved two states away. It's a 3 hour trip one-way.. on a good day. It can be as long as 5-6 hours one way. I do about 8 hours of driving on a visit weekend and it runs me about $200 each trip. I do the trip twice a month. If you go "the long way" (up through the Bronx, all the way through Connecticut) it's exactly 200 miles even.. door to door. If you go to the "short way", which is using the ferry from New London to Montauk, it's only 120 miles. We're actually transitioning to that over the summer. Will save considerable travel time and about $200 a month in expenses. Thankfully, with exSO out of the picture, ex and I are dealing with things very well and he's been extremely amenable to seeking alternatives that will decrease cost and travel which as a side benefit, also increases his TIME. Another side benefit, it'll be easier for him to attend things here, which he's actively planning to do. For example, he'll come up for dd's first day of kindergarten. I'll pick him up from the ferry the night before, he can crash with us for the night, we'll see her on to the bus and then I'll take him back to the ferry after.

In our case, we had the issue of another child THERE. So it wasn't just separation from "dad" but from the sibling as well. Which, come to find out, the court wouldn't have considered at all. Just mentioning it terms of "well it's not the same", no it's not but there were certainly issues where I suppose one could say "absolutely not!" and the court would still have said, in all likelihood, Yes.


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Debi
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Re: Relocation and Legal Action Help!!!!!!!!!!! [Re: LexieBelle]
      #745790 - 05/06/11 08:18 PM

I agree with you that where you are court is a lot easier than it would be here. I swear in WI to relocate the kids from the other parent you have to prove he/she is a murderer and they probably would have had to murder their own child. I know of someone who was not allowed to relocate with the children with the other parent in jail because he did not agree with it.

That's why i said the state (and yes probably even the county) has a lot to do with what can and can't happen.

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When we were together, you said you'd die for me. Now, I think it's time you kept your promise.


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LexieBelle
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Re: Relocation and Legal Action Help!!!!!!!!!!! [Re: Debi]
      #745797 - 05/06/11 09:49 PM

No problem and I agree. In this particular case, the poster is from where my move occurred from. Not sure same county but given the income level my guess is yes. Even if not, the two counties follow the same..ideals... or whatever. In upstate ny? Yes could be different. It's unlikely on the island tho.

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