Non Custodial Parent moves out of state

[momofpat]

What is the name of your state? Michigan

What is the rule when a non-custodial parent moves out of state (he is moving to Minnesota) and hasn't notified the court of his intent to move. Plus he wants to keep
the parenting time as it is...every other weekend and split holidays.
Plus the fact that he wants me to drive half-way.

Thank you in advance!
Kris

 

[Mbarr77]

What is the name of your state? Michigan

What is the rule when a non-custodial parent moves out of state (he is moving to Minnesota) and hasn't notified the court of his intent to move. Plus he wants to keep
the parenting time as it is...every other weekend and split holidays.
Plus the fact that he wants me to drive half-way.

Thank you in advance!
Kris

Normally, being that he is the one creating the distance he would be the one responsible for the majority for most, if not all of the travel. How long of a travel time will there now be between the two of you? What does your court order state specifically in regards to move aways?

 

[momofpat]

That I am not sure of...I believe it would be an 8 + hour trip one way. He still hasn't said where in Minnesota he is moving to. I have to add that when he moved at one point to Detroit (which is a little less than 8 hours away) that I had to drive to the Sault (3 Hrs) only once per month. It does not state anything not in the divorce nor in the many other orders regarding parenting time.

 

[Mbarr77]

That I am not sure of...I believe it would be an 8 + hour trip one way. He still hasn't said where in Minnesota he is moving to. I have to add that when he moved at one point to Detroit (which is a little less than 8 hours away) that I had to drive to the Sault (3 Hrs) only once per month. It does not state anything not in the divorce nor in the many other orders regarding parenting time.

My personal opinion: I do not think that it would be fair to expect a child to spend his whole entire weekend traveling, nor do I believe the court would see it as being in the best interest of your child. Especially if it is like you say 8+ hours away! Can you try to work something out with dad where maybe you can alternate holidays instead of splitting holidays, and he could get him for an extended time in the summer? Of course the child deserves to continue to have time with his father, but a new visitation arrangement may be needed.

 

[acmb05]

My personal opinion: I do not think that it would be fair to expect a child to spend his whole entire weekend traveling, nor do I believe the court would see it as being in the best interest of your child. Especially if it is like you say 8+ hours away! Can you try to work something out with dad where maybe you can alternate holidays instead of splitting holidays, and he could get him for an extended time in the summer? Of course the child deserves to continue to have time with his father, but a new visitation arrangement may be needed.

Depending on where you live in Michigan and where he is Moving to in Minnesoto would it be feasible to take the Ferry over seeing as it is only a couple hour trip. It costs a little but could end up being cheaper than gas and time to drive 8 hours. PLus it is a wonderful ride and the child would probably enjoy it.

Adult
one way
$52
round trip
$87
Seniors (65+)
one way
$47
round trip
$79
Children (5-15**)
one way
$24
round trip
$39
Children under 5
FREE

FREE
*Undecided about your return date? Save your one-way receipt and we will gladly give you the round trip discount anytime during the 2006 sailing season.
**Children under the age of 16 must be accompanied by an adult to travel.

Autos, Vans & Pickups (Passenger fares not included)

EACH WAY
Autos, Vans, Pickups
$55
Trailers & extensions under 7' wide (additional per foot) $3.95/ft
Trailers & extensions 7'-8'6" wide (additional per foot) $4.95/ft
Pickup Campers $69

 

[Mbarr77]

But, based on the information that she is providing she is believing it is going to be an 8+hour trip...That was the information I was going on when I said what I did!

 

[Zephyr]

ok the ferry takes 5 hours to get across the lake, then it is at least another 5 hours across wisconsin and that is not counting how far she has to drive to get to the ferry. not a viable option.

don't forget the hour or so waiting while the ferry is loading and unloading.....



although acmb- I will agree it is a ride that kids seem to enjoy...at least for the first 2 hours of it

 

[momofpat]

Unfortunately the Ferry idea albeit a good one, is not an option. I am not sure where you would have to live to take a ferry to reach Minnesota??

Doesn't he have a legal obligation to notify the courts of his intentions to move? Wouldn't I be legally in the right to dis-allow parenting time until such notification? I agree, my son needs to spend time with his father, but not at his expense. He is 15 and with sports and extracurricular activities and needless to say, schoolwork he is not physically going to be able to spend the every other weekend with his father.

I wish we could work out a schedule like you have suggested, but the father is a 'my way or the highway' kind of person.

 

[Zephyr]

you need to petition the court to get a new visitation arrangement.....

 

[Silverplum]

Wouldn't I be legally in the right to dis-allow parenting time until such notification?

Absolutely NOT. You'll need to file for a new parenting time arrangement, but until and unless a new CO is issued, you need to follow the existing CO. There's your carrot to do the filing. But of course, you don't need to meet anywhere other than your usual spot, until a new CO is issued.

 

[momofpat]

Sorry, but I have another question along these lines...(thank you for the response of not denying the parenting time-I have scheduled a hearing with Friend of the Court and hopefully we can come to some sort of an agreement)..

Can I be ORDERED to drive any amount of distance? He moved a couple of years ago to Detroit and I was told by my attorney at that time that I WOULD have to drive, so I agreed to drive 1/2 way - Gaylord which was 4 hrs one way, one a month.. (which was a NIGHTMARE!) , so I tried for a couple of months then it got to be too much, so I petitioned and the judge ordered that I would only have to drive to the Soo.
Then he moved here to MARQ county and eventually moved about 5 times (all the while staying in this county).

Thank you AGAIN!

 

[rmet4nzkx]

It is good that you have a meeting with the FOC scheduled because you will need a new parenting plan. Now that your son is older and with EC's such a long distance visitation plan woul dbe difficult at best in addition to the cost of fuel and time for driving, have you considered the possibility of travel by air? You should ask that dad cover the cost of travel and also to schedule visitation around your son's currnet EC's so that could mean once a month visitation and more time in the summer.

 

[acmb05]

Unfortunately the Ferry idea albeit a good one, is not an option. I am not sure where you would have to live to take a ferry to reach Minnesota??

Doesn't he have a legal obligation to notify the courts of his intentions to move?

No

Wouldn't I be legally in the right to dis-allow parenting time until such notification?

No

I agree, my son needs to spend time with his father, but not at his expense. He is 15 and with sports and extracurricular activities and needless to say, schoolwork he is not physically going to be able to spend the every other weekend with his father.

Even if dad only lived 2 hours away these would not be a valid reason to deny any visitation. You or your son should not be scheduling any extracurricular activities during dads time with the child. Schoolwork can be done at dads just as easily as at your house.

I wish we could work out a schedule like you have suggested, but the father is a 'my way or the highway' kind of person.

Then the courts will work out one for you, which he will probably be better off comming to a compromise with you and having it signed off by the judge than the judge comming up with one himself.

 

[momofpat]

How can you say I should not be scheduling EC on dad's time? So a sophomore should not be any sports? That seems to be pretty unreasonable and also unfair TO THE CHILD!

I was not justifing denying of parenting time, I am concerned about the move so far away...

 

[nextwife]

FYI- I live along Lake Michigan, and the ferry only runs during warm weather. It stops in fall.