relocating and ncp notification

[sandpiper20]

Missouri

What step do I take if I can't find the NCP to give 60 day notice that I am moving? In Missouri we are supposed to send a certified letter to them. But the ncp hasn't had an address in the past 3 years (besides jail sometimes), no job, and has no phone. I haven't heard from him for over 2 years.

 

[LdiJ]

Missouri

What step do I take if I can't find the NCP to give 60 day notice that I am moving? In Missouri we are supposed to send a certified letter to them. But the ncp hasn't had an address in the past 3 years (besides jail sometimes), no job, and has no phone. I haven't heard from him for over 2 years.

Send the notification to his last known address. Once it comes back to you, leave it closed so that you can use it for evidence in court if necessary. However, if you haven't heard from him in two years its unlikely to matter much...its just going to be a formality.

 

[CJane]

Send the notification to his last known address. Once it comes back to you, leave it closed so that you can use it for evidence in court if necessary. However, if you haven't heard from him in two years its unlikely to matter much...its just going to be a formality.

This. You're obligated to send the notification, but the NCP is also obligated to inform you OR the court of address changes. If they're not doing that, you can't be held responsible for not sending notice.

 

[sandpiper20]

thank you for your answers. That seems easy to do.

I have another element to my situation. Thats were i have some complicated questions.

I am being sued by his mom for grandparents visitation rights. I'm not sure if I need to notify or ask permission of the courts 60 days ahead of time as well. because of this case. Or just show up for our next court date and tell them then. The next court date is in August. I would be moving in September. That would be less then 60 days notice to the court. does anyone know about what is supposed to be done in these situations?

Also if I send the certified letter to his moms house, which is one of the last places he lived (3 years ago). and she signs for the letter, opens it, and then has her attorney draw up papers to contest the relocation notification (on ncp behalf). Can her attorney do that with out ncp signature?
i have a couple questions regarding the grandparents visitation but ill post that in that section. unless thats considered cross posting. then let me know and i just continue in this thead. thanks!

 

[CJane]

Ok. Your situation is complicated, and I'd be remiss if I didn't recommend you talk to an attorney.

That said...

Here's what the statutes say about GP visitation:
Missouri Revised Statutes 452.402 and 452.403 address the rights of grandparents to access/visitation. There is a presumption that the parents of the grandchild, legally married and living together with the grandchild, know what is the best interest of their child. The Court may, however, grant reasonable access/visitation when access has been unreasonably denied for more than 90 days and 1) the grandchild is the child of their deceased child; or 2) the grandchild's parents have filed for dissolution of their marriage; or 3) the grandchild resided in grandparent's home for a least 6 of the past 24 months. Visitation may only be ordered when the court finds it is in the best interests of the child. The right of grandparent access terminates upon the adoption of the grandchild.

If none of those apply, the case should be dismissed.

Regarding relocation, per MO statutes, the CP is ONLY obligated to notify the NCP and ANY OTHER PERSON WHO CURRENTLY HAS CUSTODY/VISITATION RIGHTS. If the GPs don't CURRENTLY have custody or visitation, then there's no obligation to inform them.

The GPs cannot, on behalf of their son, file anything.

 

[sandpiper20]

The GPs cannot, on behalf of their son, file anything.

the only reason i bring this up is because when i filed to have the parenting plan modified to request the ncp have supervised visitations. the GP's attorney showed up and said he was represented NCP and was contesting the request. NCP was never there during the 2 years this went on. i was at the court dates every month or every other month, and the GP's attorney asked and was granted continuance after continuance. after 2 years the GP's told the attorney to drop NCP as a client in the case. and so he did.

 

[CJane]

And it never went to trial, because (guessing here) the attorney KNEW it was a losing case.

 

[sandpiper20]

And it never went to trial, because (guessing here) the attorney KNEW it was a losing case.

it went to trial. i was also asking for sole legal and physical custody. i think even if the ncp isnt there the judge has to hear the case. it was one sided. just me on the witness stand answering questions. no one on the other side.

the GP's attorney is old friends of the GP. their attorney was working those 2 years for free. (and he is a really expensive attorney otherwise)

 

[sandpiper20]

my daughters grandmother (her dads mom) is suing for grandparent visitation. we are at the beginning stages in court. the grandmother was granted the ability to file. the reason was, for being denied visitation for more then 90 days. the father and i were never married.
at our last court date (in march) it was noticed by the judge that the father was not legally served or notified that this case was going on. so the case was rescheduled to august. so they have time to get him served.

at this point we are pretty new into the process. even though it started 6 months ago. GP asked to speak with my daughters counselor. and the therapist said that was fine with her and she would prefer do a mediation type session with the GP and me first. if all went well. then help with the reconciliation between the GP and my daughter. then we would get some type of schedule going and make it official in court. so the judge signed an order that the GP and i needed to go try to work this out on our own before it going to a trial.

after a month and half of mediation sessions the therapist came to the conclusion it was not in the best interest for my daughter to have visits with her grandmother. the therapist wants to write a letter to the judge with her opinion.

how seriously will the judge think of this in deciding factors?
when we go to trial is it similar to a divorce custody trial? a gal appointed? will we be deposed, have witnesses, and evidence presented?

i am getting together the money for a retainer for an attorney. so thanks for the help with my questions now. i would like to be able to tell my lawyer the direction i want to take.

 

[Ohiogal]

A letter is hearsay and is not going to cut it. The therapist would have to come in and testify.

 

[sandpiper20]

A letter is hearsay and is not going to cut it. The therapist would have to come in and testify.

ok, good to know! thanks.

 

[sandpiper20]

Ohiogal, are gals appointed for grandparents visitation cases? also how much weight would the counselors testimony have for the judge?

 

[Ohiogal]

Ohiogal, are gals appointed for grandparents visitation cases? also how much weight would the counselors testimony have for the judge?

GALs can be appointed .... And how much weight? Depends on the reputation of the counselor and the counselor presents him/herself at trial. I have destroyed counselors on the stand and have had the court make a finding they are biased and NO weight is given. I have also had other counselors who have been found to be completely credible. So it depends.

 

[CJane]

And for the sake of all that is holy, do NOT agree to visitation. Make the judge rule based on best interests. And I'm sorry, but you NEED an attorney. It's not a luxury, it's a necessity.