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3 Bumps

does my fiance have any rights that you may know of?

He lived in Kalispell mt and has 2 children there, due to not being able to find work and pay child support he moved here to wisconsin.. He pays his child support faithfuly and has kept a steady full time job since a week after being here... his ex that has his 2 kids finally got a parenting plan set up we got the boys last summer, she now wants to move all the way out to california, not only do we pay child support for june,july,august when we got the boys we drive both ways to get them... she would be taking the boys at least another 700 miles away meaning 1400 miles farther each way aproximitaly another 600.00 a yr for us to see them... is there any thing we may do? PLEASE HELP

 
mememecassie

Asked by mememecassie at 8:17 PM on Dec. 11, 2010 in School-Age Kids (5-8)

Level 6 (115 Credits)
This question is closed.
Answers (13)
  • Each state is different. I know in MI, both parties have to agree to move out of state. He can oppose her move, but since he sees the kids only in the summer (I'm assuming because of their schooling), it shouldn't make a difference anyways. Most times when one parent has custodial rights, they get the kids all year except 6 weeks in the summer. Most judges would see it fair for them to meet half way. I would take her to court to have it written in the order to arrange a fairer meeting place. You don't have to have an attorney to do so, but it may be in your best interest.
    elenalee

    Answer by elenalee at 8:26 PM on Dec. 11, 2010

  • Some custody papers say the other parent can't move without it being agreed upon. I'd look into the specifics of that. If it's not in there, I'd contact a lawyer ASAP to see what you can do.
    Anonymous

    Answer by Anonymous at 8:20 PM on Dec. 11, 2010

  • if he is living in WI and already lives that far then I don't know if there is anything that you can do(contact an attorney) If he was living in MT and she wanted to move out of state then she would have to get his permission, but because they already live in another state I'm not sure.

    Best thing to do is to get a lawyer, and file in Montana court...but its going to be harder since he already lives so far from them.

    I would think that you may be able to get the court to order her to make up the difference from MT to Cali, or split the costs.


    Good luck
    tntmom1027

    Answer by tntmom1027 at 8:37 PM on Dec. 11, 2010

  • consult and attorney
    bcauseimthemom

    Answer by bcauseimthemom at 8:20 PM on Dec. 11, 2010

  • Sorry, that does seem unfair but the court has the say in whether she can move again as far as I know. Did he have a lawyer? Have him call or get a new lawyer. It's doubtful he can stop it but maybe he can get the arrangement changed. Good Luck
    itsmesteph11

    Answer by itsmesteph11 at 8:20 PM on Dec. 11, 2010

  • The only thing to do is to go to court but that not might help if the reason why she is moving is job related. Even if your fiance pays child support on time its not enough to support the kids besides she has to pay her own bills too, if she has relatives in california she might be looking for their help your best bet is to talk to her and find out why she is moving away she doesn't seem to be too unreasonable since she is not against him and you been with the kids, maybe she needs a better job or help with the kids if that is the case maybe your fiance can convince her to stay where she is if he offer help a little bit more.
    gou18

    Answer by gou18 at 8:30 PM on Dec. 11, 2010

  • From what I know, she really can't move that far away without his consent if he has half custody.
    sweet29mom

    Answer by sweet29mom at 8:31 PM on Dec. 11, 2010

  • You can ask the Court to not allow her to take the children but if she has a good reason the Court may not stop her. You'd have to hire an attorney in the state where the CS and Parenting Plan was established. The P. Plan should have had in it what you could do if she moved to another state. I'm surprised your attorney didn't make sure that was covered.
    admckenzie

    Answer by admckenzie at 10:20 PM on Dec. 11, 2010

  • All you can do is take her back to court and try to get her to pay half the costs etc unless the custody agreement already says that both parents have to agree to any move of either parent. I would be contacting a lawyer and discussing this with them. Most will do consultations cheaply and let you know what your options are.
    aeneva

    Answer by aeneva at 8:26 PM on Dec. 11, 2010

  • I don't thinks that she can go that far, but yes, you need to ask the court to be sure
    spottedpony

    Answer by spottedpony at 12:45 AM on Dec. 12, 2010

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