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#736841 - 12/13/11 04:41 PM Re: Moving with Primary [Re: Kay312010]
Maury Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 8182
Loc: This Asylum --->
It is possible and certainly an argument to be made. A counter argument is that the other parent is serving this country in a temporary fashion and will reestablish in the State when the deployment is over. Allowing a move-away under such circumstances may be argued as a baad precedent in regard to military members. the result may depend on the effectiveness of your presentation as part of a motion.

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#736842 - 12/15/11 01:17 AM Re: Moving with Primary [Re: Kay312010]
Runswithscissors Offline
Carpal \'Tunnel

Registered: 05/30/04
Posts: 13394
What are you offering him when he is home?

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#736843 - 12/17/11 03:33 AM Re: Moving with Primary [Re: Runswithscissors]
Kay312010 Offline

recently joined

Registered: 12/02/11
Posts: 7
I don't see that argument because he has a child from a previous relationship that lives out of state with his parents that he consents. He will not reestablish in the state because he is due to get a change of duty stations in the next 6 months - 2 years. He is also not from the state so either way he will be long distance parenting. I recently learned that NC is a state in favor of relocation and the non moving parent has the burden to prove the move could harm the child so I am hoping it will go in my favor. I am also hoping that the judge will question HIS motive for denying the move based on the fact that he asked me to wait until he returned from his last deployment of a full year then stated he doesn't know when he will leave or return, he is not active in our child's life and he has another child that is not in his care because he is unable to provide stability or care for them.

When we attend mediation I offered to pay half of transportation fees. The reason is because my income is limited due to disability and he makes a lot of money traveling. Once he leaves NC he will have to pay to see her anyway so I feel he should be responsible for a least half. I also offered 6 weeks summer, alternating holidays and Springbreaks and every 8 weeks. Also Skype every other day at 7pm-8pm.

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#736844 - 12/19/11 04:32 PM Re: Moving with Primary [Re: Kay312010]
Maury Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 8182
Loc: This Asylum --->
Generally, the party relocating will have the burden of more than half of the transportation fees if those fees are created due to the relocation. That really is not much of an offer if you are seeking an agreement. There is very little incentive not to roll the dice in court.

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#736845 - 12/19/11 06:30 PM Re: Moving with Primary [Re: Kay312010]
Kay312010 Offline

recently joined

Registered: 12/02/11
Posts: 7
In NC, the burden is on the non moving parent as it is not seen as a substanial change in circumstances. But you still need to have approval from other parent or court. I just don't know how heavy the burden has to be. My attorney scheduled a 2 day trial and mediation. That's going to be a lot of money when he knows he can't have primary and it will be more likely that I have a good chance given NC is favorable with relocation unless other parent can prove it's a substanial change which would trigger a change in custody that he can't even take.

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