Is the Mother of My Child Violating Our Court Agreement by Moving Without Approval?
Are you facing a situation where the mother of your child is breaking the court agreement you both signed?
#ChildCustody #CourtAgreement #CoParenting
Here’s what happened: The mother of my child picked up our son from daycare and mentioned she was moving without informing me of the location. After some discussion, she revealed her new home is 70 miles away, violating our agreement that neither of us can move 50 miles without approval.
What steps should I take in this situation?
#CoParentingQuestion #LegalAdviceNeeded #ChildCustodyConflict
Tell her that you don’t agree to let your child relocate with her per the parenting plan. Most states have a process in place if one parent wants to relocate with a child, and it doesn’t sound like she’s doing that. If she is set on moving you will have to retain an attorney to file for a modification in custody.
Alert the court, they won’t like this.
You need to get a lawyer ASAP and prevent her from moving away. If you wait too long after she does it, the courts may just let her live 70 miles away
Previous Family Law attorney here. Get a lawyer immediately. She says May to December, but you never know, she could stay longer. I’ve seen many parents move under the guise of it being “temporary”. If you do nothing, and then try and dispute it months later, it is likely the court will see your inaction as approval of the move. Text or email so there is a record of you telling her you disapprove. In most states for a move over 50 miles, she’s also supposed to give notice. In my state it’s at least 60 days prior to a move of 75 miles or more. Again, lawyer up asap.
What percentage of custody do u currently have?
File contempt of court. If you can’t afford a lawyer a paralegal can help you. If you can’t afford that you go to the court house and file it yourself and pay a small fee probably.
Alert the court IMMEDIATELY
May to December? That conveniently makes it just over 6 months, which is what is needed to claim residency. Get your lawyer involved.
A lot of people have said to get a lawyer. If you cannot afford one, see if there is a family legal center for divorce disputes. Some states call them “Friend of the Court”, “Family Domestic Aid”, or something else. They will not represent you, but will provide information on what you need to file, help you get the forms, and sometimes process them.
That said, you definitely need to get on this immediately. If you do not, the court will consider you to have agreed by default. I speak from experience.
Also her May to December is a 6 month time frame which will me new residence record for the child and means she can move the venue of any custody changes to the new area she would reside in.
Not a lawyer but I have a somewhat impulsive ex who also gets spiteful at times. He moved 40-50 mins away just because he thought it would be more fun living there. I didn’t go to court, had to bite the bullet and we drove back and forth, I also hate the area he was in. Finally he came to his senses almost a year later and probably got tired of driving so he moved back to the area.
Just saying that maybe it’s not worth the immediate court battle. I know it sounds controversial but some people are just looking to get a rise out of their exes and it’s best not to give them the satisfaction.
Go back to court and let them handle it. Save the screenshot or make her message you about it so you have proof
Don’t tell her nothing. Let the service of papers do the telling . They can avoid service and nearly everything else. If you have the address go and see an attorney and file immediately . As previously said this “temporary” thing can and often does turn out to be much longer . It is important that you go file soon.
Its only temporary if there is a signed agreement she will move back Dec 1 (and even then, you now know you cannot trust her signed agreements). Otherwise, consider it an indefinite move in any actions/planning you take.
In general, breaking an agreement either is addressed in the contract or its not. If it is, you can consider not getting a lawyer, but if it is not then you need a lawyer ASAP as she has broken your previous agreement.