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Can BM move?

Posted by on Apr. 21, 2014 at 3:08 PM
  • 25 Replies
My so and BM have 50/50 with her having physical sole custody And him having liberal visitation (due to his job) I don't know much about these terms but BM wants to move 4 hours away. There is nothing stated in the decree stating anything about moving or where anyone lives. Can she just move? And if she does can my so fight it? If he does what are the chances the court would say she can't?
by on Apr. 21, 2014 at 3:08 PM
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Replies (1-10):
whatIknownow
by Emerald Member on Apr. 21, 2014 at 3:14 PM

In theory he can file a motion claiming that the move would impact his relationship with his child and ability to be active in his life.

However, he'd have to prove that he *is* active in his life through not only regular visitation but also by involvment in school, medical appointments and ECs. Can he prove that?

lildylant
by on Apr. 21, 2014 at 3:22 PM
He is involved with school but not medical or ec because he never knows about it till later and if he does she takes the child out and moves it to something else or somewhere else. But he is involved with the school and talks to the school personally.

Medical: he finds out when he gets a bill she won't tell him anything but he will call the docs to find out but again after the fact

Ec when his son was in gymnastics he found out and found our when the meet was. He went to watch next time he went coach said he had been pulled from the center. He just found out he is now at another school for gymnastics. Has happened with baseball and soccer too:(

Quoting whatIknownow:

In theory he can file a motion claiming that the move would impact his relationship with his child and ability to be active in his life.

However, he'd have to prove that he *is* active in his life through not only regular visitation but also by involvment in school, medical appointments and ECs. Can he prove that?

GlockMom
by Platinum Member on Apr. 21, 2014 at 3:24 PM

Is the 50/50 verbal only?  It sounds like with her having sole physical and there being liberal visitation detailed that she just lets him take them 50% of the time? 

lildylant
by on Apr. 21, 2014 at 3:29 PM
I'm not sure he said that he has the right to bring them to the doctors, take them from school, etc. but he works 12 hour days. However, he has the kids 2 days a week and every other weekend. Like I said I don't understand all the terms. Now that you say that I guess I really don't understand. It's either 50/50 OR liberal visitation? Is that what you are saying?

Quoting GlockMom:

Is the 50/50 verbal only?  It sounds like with her having sole physical and there being liberal visitation detailed that she just lets him take them 50% of the time? 

PumpkinSpice8
by Silver Member on Apr. 21, 2014 at 3:36 PM
Typically your CO will state moving guidelines or your state will have general guidelines for moving. You can look up your state/county guidelines online or get a copy at your local court house and see what it says.

For instance, in my state, a CP can move anywhere in a 100 mile radius from the location they lived at when they were first awarded primary physical custody.
SnapIt
by Bronze Member on Apr. 21, 2014 at 3:37 PM
He should check into that
Some states wont allow the move unless the other parent agrees to it as well
lildylant
by on Apr. 21, 2014 at 3:40 PM
Okay so I just talked to him about it and he says he has 50/50 legal and she has physical custody which he says means that all that means is they primarily live with her and he has liberal and reasonable visitation. Does that clear that up?

Quoting mb1111:

You can file a motion to oppose the move.  Based on what you have said, I would be filing something with the court.  It's not clear to me what the arrangement is since you said 50/50 but that she has sole physical.  What is the 50/50 part referring to ....physical custody since there is liberal visitation or legal custody?  Either way I would recommend taking it to court to either get it written as joint physical and legal and try to prevent the move or to ask for full custody since BM is the one wanting to move.  I would also bring up the examples of her not informing dad about medical appointments and the issue he has with her taking the child out of ECs after dad finds out about them.

Birdseed
by Platinum Member on Apr. 21, 2014 at 3:41 PM

When you say 50/50 I think you must be talking legal, not custodial because 2 days a week and every other weekend is not 50/50 custodial.  50/50 custodial would be half the month and in most cases, it swaps each week.

At any rate, he can surely file a motion but if he isn't involved in the day to day stuff, it might be a hard case to make.  How can he not know about their activities if the kids are with him two days a week?  Don't they have practice and such on his days? 

GlockMom
by Platinum Member on Apr. 21, 2014 at 3:44 PM

If she is on the order as having sole physical with him getting liberal visitation then 50/50 wouldn't be possible unless they have a verbal agreement.  It looks like he is screwed unless he can document his 50% involvement.

I don't understand why anyone would sign an agreement that has such a loose term as "liberal visitation".  That just means in real world words "when CP decides to let NCP have the kid".

Quoting lildylant: I'm not sure he said that he has the right to bring them to the doctors, take them from school, etc. but he works 12 hour days. However, he has the kids 2 days a week and every other weekend. Like I said I don't understand all the terms. Now that you say that I guess I really don't understand. It's either 50/50 OR liberal visitation? Is that what you are saying?
Quoting GlockMom:

Is the 50/50 verbal only?  It sounds like with her having sole physical and there being liberal visitation detailed that she just lets him take them 50% of the time? 


lildylant
by on Apr. 21, 2014 at 3:48 PM
He is involved with school but not medical or ec because he never knows about it till later and if he does she takes the child out and moves it to something else or somewhere else. But he is involved with the school and talks to the school personally.

Medical: he finds out when he gets a bill she won't tell him anything but he will call the docs to find out but again after the fact

Ec when his son was in gymnastics he found out and found our when the meet was. He went to watch next time he went coach said he had been pulled from the center. He just found out he is now at another school for gymnastics. Has happened with baseball and soccer too:(

She is allowed to keep the child one day a week for ec where the child doesn't have to go to dads.

Quoting Birdseed:

When you say 50/50 I think you must be talking legal, not custodial because 2 days a week and every other weekend is not 50/50 custodial.  50/50 custodial would be half the month and in most cases, it swaps each week.

At any rate, he can surely file a motion but if he isn't involved in the day to day stuff, it might be a hard case to make.  How can he not know about their activities if the kids are with him two days a week?  Don't they have practice and such on his days? 

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