cpnebraska
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Reged: 09/08/08
Posts: 541
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Ok, so, a friend called me with this question.
NCP moved out of state for a better job. one child DS5 (I think he is 5)
CP lives here with parents and is a student with no job.
NCP asked when DS could come for the 2 week summer visit.Trying to plan ahead for travel cost.
CP stated that since NCP moved out of state their custody agreement was null and void.
IS this true? AS far as I am aware nothing in the agreement states anything about moving out of state.
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Having one kid makes you a parent, two makes you a referee!
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Sherron
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Reged: 11/25/06
Posts: 20193
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"CP stated that since NCP moved out of state their custody agreement was null and void."
What does the cp base this on? I guess it's possible that there is wording in the co to that effect, but lacking that... no, the co stands, and if it allowed for 2 weeks of parenting time during the summer before the move, ncp still gets them after the move.
I'd let the friend know, hey, I don't think that sounds right, but why don't you call up a lawyer and ask to be sure. And then I'd ask why is that even a question... ordered or not, is there a reason that the ncp should not have 2 weeks with the child in the summer.
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Spring
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Reged: 06/02/04
Posts: 7972
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I doubt its null and void, but sounds like it needs to be modified. Regardless of the issues between parents, the child needs to have access to both. Tell your friend to work it out.
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Never consider the possibility of failure; as long as you persist, you will be successful.
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cpnebraska
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Reged: 09/08/08
Posts: 541
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They have always co-parented well. CP did not object to NCP's move.
I told NCP I doubted it wasn't valid but NCP is checking.
It does need to be modified now that CP is not coparenting.
There is no "reason" NCP should not see the child. CP has never had an issue with visitation before.
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Having one kid makes you a parent, two makes you a referee!
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Avaya
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Reged: 02/09/06
Posts: 9824
Loc: Arkansas
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I bet CP thinks the visitation part is null and void, but not the CS part, huh? LOL
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Eternity is too long to be wrong.
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Spring
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Reged: 06/02/04
Posts: 7972
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~~NCP asked when DS could come for the 2 week summer visit.Trying to plan ahead for travel cost.
CP stated that since NCP moved out of state their custody agreement was null and void.~~
The NCP can still enforce whatever it says in the original agreement. Unless something in the agreement states that its voided if a certain event occurs...and that said even does occur. Of course I am no lawyer.
I wonder why the questiion than if there are no issues? Why would CP even state that they think its voided?
Why do we even need a court paper to do right by our kids?
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Never consider the possibility of failure; as long as you persist, you will be successful.
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Redlegg
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Reged: 10/05/06
Posts: 26804
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I think the custody agreement is null and void, and the NCP should go get their child, and say thanks to the new NCP as they are leaving...
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cpnebraska
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Reged: 09/08/08
Posts: 541
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Lol. I will tell them that. See how Cp changes their tune. Of course they will probably just say..the visitation part not the custody.
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Having one kid makes you a parent, two makes you a referee!
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LexieBelle
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Reged: 11/07/10
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If no MODIFIED arrangement due to the move has been documented then the ORIGINAL arrangement (whatever is in the court order) is what is in place.
So if he gets 2 summer weeks? He gets them. Now, because HE moved, he'd be responsible for making that happen presumably.
I would question how much of the existing visitation portion of the agreement is being maintained now? So in other words if he had EOWE and one weeknight overnight is he still doing that? What's the deal? Is he doing some other schedule? Is it documented?
I could see him running into issues if he has NOT been exercising his time, post HIS move, and now expects he's going to take summer vacation b/c he wants to have THAT part. She might risk going to court and saying "hey he doesn't see them/hasn't seen them, NOW he wants these 2 weeks? think not" and seeing what happens.
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ssmom79
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Reged: 06/27/07
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If nothing exists that states custody is null and void if a party moves, then the original CO is still in effect.
What changed with these two?
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