Does a move away order established in one state transfer to a new state automatically

[dmckid]

What is the name of your state? California

I was a resident of California with my Ex husband and child. I am currently remarried and my husband and I were both forced to relocate with our jobs. We both work for the same company and both our jobs were transferred, not just one. We attempted to find new positions but in the end were forced to move, which in the end turned out mostly beeficial for out two children and us.

My son with my ex husband had a well established relationship, I allowed him to take him every weekend as his work shchedule allowed me to have my son Saturdays, and he took him sun and mon, so we both got him part of the weekend. He came and got his son a good portion of his allotted time, this was a friendly agreement and no formal custody arrangement was ever made.

When I was forced to move I felt rotten and as such I agreed to give him our son for every single school vacation as long as I got him every other holiday day (giving me 4 days at X-mas, 2 on Easter, etc). I also pay for ALL travel expenses 6 times a year. I also agreed to rediculous demands he made on me after the agreement was drawn up and everything he asked for was in there, such as paying the difference in his(my ex husband's) airfare to fly to NJ now that he needs a stop over in Fort worth to pick up his son (5). I minimized his child support payments which for 5 years he has not yet been asked to make and now is only required to make them so I can afford the travel expenses which far exceed the child support. Once we signed the papers and I had to report to work on Monday, his lawyer refused to sign and this whole mess remained open.

He wants to take me to court to require me to pay for all acompanying adult tickets each time my son flies. I am pregnant, have no time off and am just plain unable to do this. SO he says if you agree to deduct airfare from past due child support I wont take you to court (there is a clause that says if he is in arears of his child support I don't have to buy tickets). I say fine, what can I do. He says good, then I am giving my two weeks notice now and moving back to New York.

Boy, so now I am assed out, but ok, my question is....

The agreement specifically says I pay for airfare to and from california not to and from New york which is more expensive. Does this mean when he moves to New york I am obligated to buy tickets to New york as per the california agreement.

Also, since he recinded on the original agreement, would the courts have ordered me to pay all travel expenses as he has now, or only half?

 

[djohnson]

Since you didn't go to court you may never know. There are many varying factors. Chances are you would have to pay for the trips because you moved out of state. If you have an order that specifically says California, I would hold out on that and tell him he can go to California to pick the child up on his own expense. If he takes it to court, atleast you have a fighting chance of splitting it since he has now moved also. I think friendly agreements sometimes come back to bite you in the behind.

 

[BelizeBreeze]

The move-away order is ONLY valid for the issuing court. If your final custody order was issued in California with a move-away clause (and it's attendent restrictions) and you then moved to another state, then before you can have that state's court recognize any part of the order, you first have to get California to relinquish jurisdiction, which, in this case, since the father still lives there, would require either a new hearing in California or his permission.

Now, since you never went to court for a "FORMAL" custody order, it doesn't exist. Which means that the divorce court in the original jurisdiction is the court in which you will be required to go to establish the original order unless jurisdiction is relinquished.

 

[djohnson]

The move-away order is ONLY valid for the issuing court. If your final custody order was issued in California with a move-away clause (and it's attendent restrictions) and you then moved to another state, then before you can have that state's court recognize any part of the order, you first have to get California to relinquish jurisdiction, which, in this case, since the father still lives there, would require either a new hearing in California or his permission.

Now, since you never went to court for a "FORMAL" custody order, it doesn't exist. Which means that the divorce court in the original jurisdiction is the court in which you will be required to go to establish the original order unless jurisdiction is relinquished.

The question isn't her moving again with child, it's the father is moving. Neither will be in the originating state. Wouldn't it possible then to get jusisdiction changed to where child resides?

 

[rmet4nzkx]

The jurisdiction could now be moved to where the child resides and since there are no orders, the new states rules would apply. Now since dad is now moving it is possible that they will have to split transportation or dad may have to pay all of it.

 

[LdiJ]

You have made way too many "informal" agreements...and dad is getting away with jerking you around as a result. Once he moves back to NY, petition to have jurisidiction changed to your state. Then petition for a child support modification, a visitation modification (to allow you at least some summer visitation even if its only a couple of weeks) and for a modification regarding transportation costs since from your area to NY its more expensive.

Then STICK to whatever the court orders. No more informal agreements. Once dad moves away from CA he will no longer have a basis to complain because you did.