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relocation during case

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familylawcrisis

Junior Member
What is the name of your state? VA

My husband and I were living in ME and my son's biological grandmother showed up at my door step after six years of no contact. My son had no memory of his biological father or her. I let her see him but did not want her playing an active part in his life as she is an alcoholic and hadn't made an attempt in so long. Because I wouldn't let her keep seeing him, she literally brought her son to the courthouse to have him try to get visitations so that she could see him. He is a marijuana user and all around bad influence. For ex: he bought my son the Sims game for gamecube, but the Bustin' Out version with a nudist colony and many other inappropriate things on it. My son is eight. He is also a pathological liar. Anyways, he was granted phone contact, and supervised visits with the intent of becoming unsupervised possibly this summer. My son is scared to death of having to go anywhere with him. I have tried to be positive and as encouraging as I can be, but he says he makes him uncomfortable. My son would like my husband to adopt him, which is what we would like as well. Well my husband got a job offer in VA which we couldn't turn down. We have been living here for 2 1/2 months approx. Also since we have been living here, his biological father has called four times. He was granted bi-weekly for the first two weeks and then as often as possible. Should our case be transferred here? Or can it be?

Thanks
 


snostar

Senior Member
How exactly is Dad getting his court ordered visitation since you moved? Did you modify to current order and notify the father and/or the court of your intention to relocate? NO, the case can't be transferred, ME still has jurisdiction.
 

familylawcrisis

Junior Member
visits

I am taking my son to ME for March break for him to have visits during that period. I also have to bring him during the summer for two weeks. I did notify the court and the biological father. I have an attorney and have handled it all legally. It is just frustrating to have to travel there and cater to him, when it seems he does the minimum he needs to do to look good. I also have a 17 month old baby, a drive to Maine isn't exactly a good time.
 

snostar

Senior Member
familylawcrisis said:
It is just frustrating to have to travel there and cater to him, when it seems he does the minimum he needs to do to look good. I also have a 17 month old baby, a drive to Maine isn't exactly a good time.
Well then you shouldn't have moved there with your husband. And, NO, your husband cannot adopt your child unless the bioDad agrees and terminated his rights.
 

familylawcrisis

Junior Member
move was necessary

Everyone is entitled to their opinion, but obviously all the details are not included in a couple paragraphs. My husband works in the computer industry, and if you have looked in Maine for a Systems administrator position lately you would see why we would need to move. My husband was able to make twice as much money by accepting a job here, and it was the best thing for our family in many ways. My son is getting a much better education here. I am not going to deny my family because after six years my son's biological father decided he wanted to be "involved" and I use that word loosely.
 

stealth2

Under the Radar Member
familylawcrisis said:
Everyone is entitled to their opinion, but obviously all the details are not included in a couple paragraphs. My husband works in the computer industry, and if you have looked in Maine for a Systems administrator position lately you would see why we would need to move. My husband was able to make twice as much money by accepting a job here, and it was the best thing for our family in many ways. My son is getting a much better education here. I am not going to deny my family because after six years my son's biological father decided he wanted to be "involved" and I use that word loosely.
That really is moot, however. Since you moved, it should reasonably be your responsibility to get the kid to the ordered visitation. Dad should not be held responsible for it since you created the distance.
 

familylawcrisis

Junior Member
relocation

I understand that and would agree when the NCP has been an active part of the child's life. He has moved to Alaska, North Carolina, and Oklahoma over the years, only notifying me for one of those. I really was only venting frusrtation, I understand the logic and agreed to it prior to moving, so I will do what I must. But at what point is the court going to see he has brought nothing positive to my son's life, and that he is only an interruption in our family? He lied on the stand and was caught during the same hearing in regards to his marijuana use. He says he's going to call in a week and calls 3.5 weeks later, not to mention I notified him of the dates I will be in Maine and told him he could schedule visitations with me or my mother (she supervises), and he hasn't called either one of us and I leave in a week to go there.
 

stealth2

Under the Radar Member
The court isn't going to care a great deal that he's an "interruption" to your family. He is the man you chose to have a child with, and absent being a provable danger to that child he will have certain rights. He is not obligated to use them, but he has them.
 

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