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moving out of county

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upstate240sx

Junior Member
What is the name of your state (only U.S. law)?Monroe county, NY

I am recently considering moving into an adjacent county to the one i live in now.

I currently have custody of my son he will be 2 in august. His mother lives in maine and has not seen him AT ALL since sept 2010. This is when she left.

I have tried to file a petition for child support and to modify the current order, however i dont know where she lives in maine. She has recieved the summons in the mail but i have not had her served.

The current order states that both of us will have shared custody and visitation and that the child is to not be removed permanently Monroe county new york, unless written permission is granted by both parties.

I work in monroe county and his babysitter would remain in monroe county
however im considering moving to wayne county
Map:
http://geology.com/state-map/maps/new-york-county-map.gif

Is it a bad idea to move?
 


Proserpina

Senior Member
The order seems pretty black and white - you can't move without permission.

How did she receive the summons if you don't know where she lives? Was that a typo? :confused:


Regardless, do not move without permission.
 

TinkerBelleLuvr

Senior Member
What is the name of your state (only U.S. law)?Monroe county, NY

I am recently considering moving into an adjacent county to the one i live in now.

I currently have custody of my son he will be 2 in august. His mother lives in maine and has not seen him AT ALL since sept 2010. This is when she left.

I have tried to file a petition for child support and to modify the current order, however i dont know where she lives in maine. She has recieved the summons in the mail but i have not had her served.

The current order states that both of us will have shared custody and visitation and that the child is to not be removed permanently Monroe county new york, unless written permission is granted by both parties.

I work in monroe county and his babysitter would remain in monroe county
however im considering moving to wayne county
Map:
http://geology.com/state-map/maps/new-york-county-map.gif

Is it a bad idea to move?
You would have to provide the appropriate notifications. It's not like your move will impede mom's visitation.
 

upstate240sx

Junior Member
I have talked to her in emails, she like the play the you cant serve me game. I sent the summons to her mothers house (this address was verified through child support enforcement unit and the post office) when i went to court both times she didnt show up. Ironically on an unrelated incident i had a small claims case against a landlord and send a summons to her mothers house as well and she responded in email that she received it. Shes getting the summons just not answering them.
 

upstate240sx

Junior Member
Well i think its somewhat of a gray area, in the order it states the child cannot be removed from the county PERMANENTLY without written permission of both parties.

Define permanently , if his day care is within county lines, technically im not removing him permanently as he is there on a daily basis, not to mention , hasnt mom violated the court order by not sharing custody within monroe county?
 

Proserpina

Senior Member
Well i think its somewhat of a gray area, in the order it states the child cannot be removed from the county PERMANENTLY without written permission of both parties.

Define permanently , if his day care is within county lines, technically im not removing him permanently as he is there on a daily basis, not to mention , hasnt mom violated the court order by not sharing custody within monroe county?


You're not serious, are you?

It refers to RESIDENCE. It obviously doesn't mean that the child will never again set foot in the county.
 

upstate240sx

Junior Member
If i moved i would be able to provide visitation within monroe county, she hasnt visted yet and i doubt she will any time soon. as far as she knows now i live in county and she can continue thinking that as i dont contact her any more
 

upstate240sx

Junior Member
You're not serious, are you?

It refers to RESIDENCE. It obviously doesn't mean that the child will never again set foot in the county.
Yes i know im grasping at straws, but im stuck living in this county, cant get mom to show up for court to even begin to change things
 

Proserpina

Senior Member
If i moved i would be able to provide visitation within monroe county, she hasnt visted yet and i doubt she will any time soon. as far as she knows now i live in county and she can continue thinking that as i dont contact her any more


Have you or have you not already moved?
 

upstate240sx

Junior Member
currently there is no court date set, i originally filed back in November for the modification to the order but was told since i didnt serve her they could not proceed, withdrew my petition, same story for the support order but this one was in feb.

ive since then left it all alone. ive got my son right now and can raise him how i see fit. this is just as good (with the exception of the county confines) as having full custody.
 

BL

Senior Member
If i moved i would be able to provide visitation within monroe county, she hasnt visted yet and i doubt she will any time soon. as far as she knows now i live in county and she can continue thinking that as i dont contact her any more
Edit : Since typing I read your responses.

Go downtown to the CSEU Office on fitzhugh Street . Ask about Child support and if they can intitiate a FPLS , or what they could do for you ?

You could always repetition . The court will give you some extra time ( a month or so to find the whereeabouts , or ask the court about FPLS ( go with a form ) on your first appearance.

You need to find her whereabouts and have her served .

Options.

1 ) Send letter through postal service to her last known address - Write address correction requested . If it's been within a year and she changed her address , the letter should come back with her current address .

( If this option works contact the State Police office or local PD in her area to have them serve the summons ).

2 ) Request CSEU to initiate a FPLS inquiry. Or perhaps the Judge will sign off on it . Find the appropriate FPS form for Monroe County jurisdiction and ask the Judge to sign and initiate the search

3 ) Not sure if they'd help you in location since the child is with you - But Child Find Of America

You can't use babysitter/caregiver for residency .

If you and child move to Wayne County that will be your and child's permanent residence and you will be in contempt .

What the court does with the contempt is up to them ,but Judges don't like willful disobediences of neither party .

Was she living in Maine when the orders were made ?

BTW , I'm in the neck of the woods , or City .
 
Last edited:

upstate240sx

Junior Member
The order was made in may 2010ish she left sept 2010.

i have mostly dropped the court motion as well because i felt that the more time i built up taking care of my son, the better it would like for me when the time did come where she wanted to goto court. 6mos of her being away and me having him vs 1 yr vs 2yr etc
 

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