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#228686 - 05/12/07 05:02 AM Intent to Relocate Filed
gaydad Offline
recently joined

Registered: 01/20/07
Posts: 4
Hey guys-- I posted earlier in the year, and you were so wonderful in your responses. Now I have another question.

My soon-to-be ex-wife has filed the intent to relocate to Tennessee (we are currently in Indiana).

She claims in the filing that it would provide her and the children with a "loving environment and solid support system."

Our kids are 6 months and 5 years. I am a wonderful father, and even more so since I came out to her a year ago.
We have joint legal custody, though she is the custodial parent.

I have offered to support her fully (in addition to the kids) if she stays in the area.

What are the chances, in your opinion, that she will be able to move? Is there anything I can do to help my case?
It sounds like most of the time, the judge rules in favor of the woman, but is there a way I can prevent that?

Any input would be most welcome.

Thank you.

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#228687 - 05/12/07 05:11 AM Re: Intent to Relocate Filed [Re: gaydad]
mommy2boys Offline
addict

Registered: 06/02/05
Posts: 497
Loc: Louisiana
She would have to prove that the move is in the childrens best interest. If you are involved in there lives on a continuous basis, you have a better chance at stopping the relocation. Although she has the burden of proof on her that the move is best for the children, you will want to have proof that it would be best for them to stay in IN and allow you to be involved in there lives on a regular basis. You may have to file an objection to this in order for it to be heard, otherwise she may get to move by default. Check to see what your state requires.

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#228688 - 05/12/07 11:54 AM Re: Intent to Relocate Filed [Re: mommy2boys]
tsl Offline
Pooh-Bah

Registered: 06/24/04
Posts: 2274
Yes, he would need to file something with the Courts to try stop the move. Depending on how soon she intends to move he may need to file an Emergency Order that temp. stops her from moving until the hearing.

Let you know that in my county in Indiana, they don't stop move aways often, even with a very involved with father. (If children are older and voice their opinion, they give CP choice, stay or give kids to NCP)

When they allow move aways they increase visitation and usually lowers support (to help cover the increase cost for transportation for NCP) as they feel it will help NCPs to remain in contact with child.
_________________________
Duct tape can't fix stupid but it can keep them out of the way."

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#228689 - 05/12/07 08:52 PM Re: Intent to Relocate Filed [Re: tsl]
gaydad Offline
recently joined

Registered: 01/20/07
Posts: 4
Thanks for the replies. I will certainly be filing an objection at the hearing.

I am particularly interested in cases where the CP was NOT allowed to move. In other words, what was the situation that prevented it?

Thank you in advance.

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#228690 - 05/13/07 01:57 AM Re: Intent to Relocate Filed [Re: gaydad]
mommy2boys Offline
addict

Registered: 06/02/05
Posts: 497
Loc: Louisiana
You would need to file the objection BEFORE the hearing.

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#228691 - 05/13/07 05:15 AM Re: Intent to Relocate Filed [Re: gaydad]
Cinder2 Offline
Carpal \'Tunnel

Registered: 06/02/05
Posts: 4361
Loc: Southern California
[quote]I am particularly interested in cases where the CP was NOT allowed to move. In other words, what was the situation that prevented it?[/quote]

Just to correct your wording here.... the judge cannot deny a parent from moving. The judge can only deny the children from moving. :)

My husband successfully fought a move-away case about 2.5 years ago. His ex ended up moving anyway, but the child lives mostly with us now.

Cinder

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#228692 - 05/14/07 05:37 AM Re: Intent to Relocate Filed [Re: gaydad]
googledad Offline
Carpal \'Tunnel

Registered: 12/31/05
Posts: 10213
She's intending to move while the divorce is still pending and before custody has been decided ?
_________________________
Careful. We don't want to learn from this.

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#228693 - 05/14/07 11:44 AM Re: Intent to Relocate Filed [Re: googledad]
HatesFeminazis Offline
newbie

Registered: 05/13/07
Posts: 47
You do not seem to realize that no matter where she moves, you WILL BE paying her and helping her with the full brunt of the USA Government backing her.

If you are interested in how often the move can be prevented, which states are more favorable to fathers and preventing moveaways and what you can do about it, please read the FAQ's at www.CustodyReform.com

Then, join any Mens/Fathers group that actually tries to change the laws and fight these injustices.

Want something to promote and/or fight for? Go to www.ChildrensJustice.com and download/read the UPREPA proposal found on the upper left hand side of the page.

Good luck!
_________________________
First they ignore you, then they ridicule you, then they fight you, then you win-so read me.

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#228694 - 05/14/07 02:47 PM I thought you were against... [Re: HatesFeminazis]
gr8Dad Offline
Carpal \'Tunnel

Registered: 06/07/04
Posts: 31796
...homosexuality? Oh yeah, you are FOR fathers rights, but hate ME, who is a custodial father, who fought against the system and won.

Consistancy not your strong point, huh?
_________________________
Why give a "senior" discount, they have had plenty of time to raise the money...

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#228695 - 05/14/07 02:57 PM There ya go again... [Re: gr8Dad]
HatesGr8dad Offline
recently joined

Registered: 05/13/07
Posts: 3
There ya go again... Lying, twisting and pretending to be a male... ;)

And, not everyone is "fotunate" (dumb enough?) to marry the scum of the earth. But, let's just get into your M/S, B/D, caging lifestyle instead...wouldn't that be more fun?. :)

Personally? I don't care what two or more consenting adults do, but you sure seem to be concerned with it... ;). God is the one that condemns the practice.

Me? I just do not appreciate having the 1-3% (not 10%) of the population dictating to me how I should celebrate their abberrant lifestyle. In addition to that and more importantly, I am totally against our indoctrinating centers pushing the homosexual agenda down the preverbial throats of our children not only in our colleges, high schools, but in our ELEMENTARY schools insisting that their lifestyle is normal-when it is NOT.

Again, for your little feable mind, I don't care what two or more consenting adults do in privacy. Just don't force me to watch it or condone it.

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