BM moved out of state no notice given.

Posted by: chacla

BM moved out of state no notice given. - 09/06/06 08:47 PM

I need help. My ex has packed up and moved the kids to Louisiana from Ky without notifying the court or myself. I was supposed to get them this past weekend and instead was met with a motion from her attorney that stated that she has requested that the visitation schedule be modified because she has relocated to Bush, LA because she was to re-marry that weekend. We were bifurcated allowing us to retain the single or divorced status while still trying to settle all other issues in the divorce. The final hearing was set for September 25th. My quesion is can she do this and does her re-marrying create a problem? All custody orders are temporary ones nothing was final and neither of us has been awarded custody. I have since filed two motions, one for an emergency custody hearing asking for full custody and another for several contempt issues because she's interfearing with my parenting time and phone call schedule. She's not letting me talk to them either. We have a temporary order that states she is to make the kids available between 6-7:30 every night for a phone call. There's two children a boy who is 6 and a girl who is 2. That hearing is this Friday. I was suposed to get them 4 weekends this month. I didn't even get to say goodbye. Any help in this matter would be appreciated. Oh, the divorce was filed in KY, but both of us since moved away to Indiana, but because the divorce wasn't final the jurisdiction remained in KY. :confused:
Posted by: anastasia700

Re: BM moved out of state no notice given. - 11/29/06 05:52 AM

You can move the juridcition now that neither of you live in Kentucky I believe. I would highly advise this if it is possible. Since Kentucky is a Commonwealth I would wish the laws that govern it upon no one!
I hope all has gotten better since your last post...
Posted by: rnmom34

Re: BM moved out of state no notice given. - 01/23/08 11:45 PM

I am a Mom who is getting ready to relocate. My law (who is in KY) told me if there is no mention of allowance or no allowance of relocating notice does not have to be given just a modification of visitation BUT phone calls have to be allowed and be willing to facilitate "reasonable" visitation until the visitation order is modified. If you already filed for a change in custody, keep a notebook (don't remove ANY pages) of when you attempt to call your children,if u talk to them or if it is refused and any attempts to arrange for a visit. It will help to prove she is interfering with your right to a relationship with your children. The relocation can then be proven to be detrimental to your children. Good luck.
P.S. In your final papers from now on make sure relocation is mentioned. Also you can put in if she fails to facilitate visitations in the future that she agrees to give up custody to you