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Non-custodial parent moving out of state

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njohnson

Junior Member
What is the name of your state (only U.S. law)? Connecticut
My husband was in a work related accident and has now been deemed"disabled". He is unable to perform the required duties in his field of work. I am also unemployed and we have 2 children ages 4 & 2. We have no family in Connecticut and will need to relocate for support to Florida where our family resides and can offer us a place to stay. My husband is returning to school in order to re-educate himself.
He has 2 children ages 14 & 10 with his ex-wife with whom he shares joint custody and weekly visitation. What are the chances of us modifying to an out of state visitation agreement when she is stating that if we move she will not let us see the kids again? What are the usual arrangements that are made in an out of state situation?
 


Silverplum

Senior Member
What is the name of your state (only U.S. law)? Connecticut
My husband was in a work related accident and has now been deemed"disabled". He is unable to perform the required duties in his field of work. I am also unemployed and we have 2 children ages 4 & 2. We have no family in Connecticut and will need to relocate for support to Florida where our family resides and can offer us a place to stay. My husband is returning to school in order to re-educate himself.
He has 2 children ages 14 & 10 with his ex-wife with whom he shares joint custody and weekly visitation. What are the chances of us modifying to an out of state visitation agreement when she is stating that if we move she will not let us see the kids again? What are the usual arrangements that are made in an out of state situation?
Well, it's up to him and not you, legally.

He remains the childrens' father regardless of where he lives, and he retains parental rights to his children regardless of where he lives. Mom can't change that.

He should look into CT long distance parenting plans -- available via Googling. His child support might go up, depending upon how CT calculates their CS. He needs to pay attention to that issue.

The case would remain in CT and he would have to travel (or have a local attorney appear on his behalf) to court hearings in CT. He also would likely have to pay for transportation costs to and from FL for the children, because he created the distance.

Good luck. :)
 

njohnson

Junior Member
Yes, in a perfect world we would still be able to see them and communicate frequently with them - however we currently live 2 minutes down the road and she doesn't abide by the rules set in place in their divorce decree. I fear that she won't answer the phone when he calls or answer emails about travel plans at that point. We have spent alot of time and energy over the past 8 years to get us to the point we are now with visitation - unfortunatly this injury has taken it's toll on my husband and we have NO other choice but to move to Florida. :(
 

Silverplum

Senior Member
Yes, in a perfect world we would still be able to see them and communicate frequently with them - however we currently live 2 minutes down the road and she doesn't abide by the rules set in place in their divorce decree. I fear that she won't answer the phone when he calls or answer emails about travel plans at that point. We have spent alot of time and energy over the past 8 years to get us to the point we are now with visitation - unfortunatly this injury has taken it's toll on my husband and we have NO other choice but to move to Florida. :(
I'm sorry about that.

If he would speak with a couple of local family law attorneys -- first consultations are often free, check the yellow pages -- he could get a good handle on what he'll need to do and what it might cost.

If he and his X can come to an agreement, perhaps in mediation, they can file that with the court and that will be their new parenting plan. If the X won't agree, he can file his own plan and see if the court will sign off on it.

Regardless, once he gets a court to sign off on the new parenting plan, Mom doesn't have a choice. She can try to thwart his visitation, but he will have legal remedies available to him.
 

Zigner

Senior Member, Non-Attorney
Yes, in a perfect world we would still be able to see them and communicate frequently with them - however we currently live 2 minutes down the road and she doesn't abide by the rules set in place in their divorce decree. I fear that she won't answer the phone when he calls or answer emails about travel plans at that point. We have spent alot of time and energy over the past 8 years to get us to the point we are now with visitation - unfortunatly this injury has taken it's toll on my husband and we have NO other choice but to move to Florida. :(
Please confirm - do YOU actually have visitation rights? Because that would be EXCEEDINGLY rare.
 

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