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Relocation questions again.

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carabob

Member
What is the name of your state? missouri

I posted a relocation question a few weeks ago. I contacted an attorney after my ex-wifes husband informed me that he, x, and kids were moving 4 1/2 hours away. My attorney sent the x a letter telling her that she had not properly notified me according to missouri statues, and that if she intended to move the children she needed to send notice and a proposed new parenting plan.
I recieved this notice a few days ago. It says they plan to move Aug 15th, and she attached a new parenting plan which is exactally the same as we have now, except they expect me to drive half the distance picking them up and dropping them off. Half the distance is a total of me doing 9 hours of driving every other weekend.
I am completely opposed to this move. The kids are in 8th & 9th grades this year, and are already not taking this proposed change in schools well. They don't need to be on the road for 9 hours every other weekend. I do not want to drive this distance, and believe that given their ages- with friends and school activities It will come to the point I will not see my children.
To file the motion to prevent relocation, I must come up with the filing fee, and of course a deposit for the attorney which comes close to $2000, not to mention the hourly fee after that. Can anyone tell me how good my chances are at preventing this before I pay all this money? If I do prevent the move, does that mean custody would be reversed to me, or will she be given the option to stay or go with out them? The only reason they have for moving it her husband got a new job, is that enough reason for the court to let them move? I just cant seem to get any indication from my attorney on how good my chances are. Also if they do get to move, won't the courts make them responsible for the transportation since they are the ones that are moving?
 


ceara19

Senior Member
Have you looked in to filing without an attorney? If you REALLY can't afford a lawyer, it's better to at least try to stop the move on your own then it is to do nothing. The burden of proof is on mom. She will need to prove that the move is in the best interests of the children.

If the judge allows the move, request that mom be responsible for the additional transportation costs.

Check out http://www.deltabravo.net/ They have an article outlining the step to take in order to prevent a domestic move away that may be quite helpful.
 

jkohler08

Member
My husband is going through this with his ex. Her and her husband are moving 8 hours away and want to revise the parenting plan to half of what he has now. My husband has an attorney and is going through the Family Services evaluation now. What you'll spend in lawyers will end up being less than what you end up spending on transportation costs, etc. My husbands x already lives 4.5 hours away and it costs him a fortune in transportation, hotels, etc just to see her eow.

If you live in your child's school district, it will make it easier for them to give you custody if your x still opts to move. Well atleast that's what they told my husband.
 

carabob

Member
That is one of the biggest things that worries me about going to court. I do not live in the same school district as the kids do now, so reguardless they would have to switch schools. I'm afraid as judge will think that if they have to switch schools anyway, why not just let them move. My biggest arguement is that I will never see them. Sure they can write that I'm supposed to see them every other weekend, but we all know that in reality, being that distance, and with friends, school activities, sports, and what ever else may come up, my time with them will seriously suffer. If they stayed I could still be involved in their schools, activities, and lives.
 

ceara19

Senior Member
carabob said:
That is one of the biggest things that worries me about going to court. I do not live in the same school district as the kids do now, so reguardless they would have to switch schools. I'm afraid as judge will think that if they have to switch schools anyway, why not just let them move. My biggest arguement is that I will never see them. Sure they can write that I'm supposed to see them every other weekend, but we all know that in reality, being that distance, and with friends, school activities, sports, and what ever else may come up, my time with them will seriously suffer. If they stayed I could still be involved in their schools, activities, and lives.
Switching schools really has nothing to do with it. Mom will have to PROVE to the court that this move is in the best interests of the children and/or that it will not significantly interfere with YOUR parenting time.

If she's willing to drive them all the way to your house and pick them up in accordance with the CURRENT agreement, she would probably have a better chance of being allowed to relocate the children. If she were to agree to this and then fails to comply with the agreed order, the issue of custody can be readdressed.
 

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