
mtnjam75
recently joined
Reged: 07/26/07
Posts: 6
Loc: San Diego, CA.
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Re: Taking Child out of state
07/26/07 09:48 PM
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Wow, talk about a dragged out case and expensive lawyer bills. So,, She should call her attorney that did the divorce papers, and submit the 30 day notice to remove the minor from Va. He then has 30 days to contest? If he does not then she's free and clear? However if the child ever returns to Va then she has to go through the process all over again? I ask this because to be honest the guy is kind of deadbeat father who can't even afford his own residence due to the amount of $$ he spends on Booze and Strip clubs, etc,etc. I would assume that if he contested the 30 day notice, then he would have to come up with maybe 20k for a retainer fee??? Does anyone know how visitation plays into this if he does not contest and brings the child to CA. She's not denying him visitation. He's more than welcome to fly out of Regan National and come to San Diego to spend the weekends with his child, therefore she's not denying visitation right? To me it sounds like she: 1. should have never moved from Va. and or 2. had it in the divorce/custody agreement that she would be able to have Sole "physical custody" in the state of CA.
Now if she submits the 30 day notice and he contests, can she withdrawal and back down to avoid going to court? Even though she has Sole custody she cannot exercise those rights because she's now out of state, unless he doesn't contest within 30 days?
Let me ask this.. The father has agreed verbally to let her have the child from Labor Day thru Xmas which means she still has to legally notify Va 30 days prior. Since he is verbally agreeing to let the child come to CA, he would not contest, therefore once the child is here, she would be all good? Does anyone know? Complicated stuff here. :confused:
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