fighting move away, checking my facts? legal guys please.

Okay....my exwife has served me with papers announcing the date of her wedding and when she plans to move, along with her request for more cs.
I am preparing my take on things.
We have joint legal custody, I have visitation 33% of the time, although I see them more than that.
Can I ask that legal jurisdiction stay in VA, even if they live in FL?
She wants to move from VA to Orlando that has
a crime index 3 times higher than the national average. Our town in VA has an index of 0. The cost of living ratio from our town to Orlando is 10-6, meaning if one made $100K
here, one would only need $60K to live the same in Orlando. So can I use that to fight her request for more cs?
She has no job to go to yet, she's just up and moving over Christmas. I have no clue what we are supposed to do about the kids insurance, she has it with her current job, I could put them on mine, but will it cross state lines?
The school schedules are not compatible for visitation. (I am a teacher) She doesn't want to give me Thanksgiving, Christmas works out, but Spring break doesn't even come close, so can't see the kids then. Orlando schools start back a month earlier then ours, so would severely limit summer visitation.
I would not object to a move less than 150 miles away, I would still be able to maintain a good relationship with the kids, and more importantly, if something awful were to happen to one of the kids, both parents would be available to the child.
Am I on the right track here? How do you think the judge might see all this?

[LegalBeagle]

Have you considered, if you wanted to, filing for a change in custody and gaining physical custody the children ?. Moving 800 miles to another state is grounds enough to petition for a change. You must realise that the moment she moves, you are not going to see those children anywhere near 33% and would be lucky to see them 5% of the time.

She is the one moving, why should you and the children suffer ?

Also, what papers did she serve you ? is she petitioning the court for permission to move ?

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by the dad:
[b]I have no clue what we are supposed to do about the kids insurance, she has it with her current job, I could put them on mine, but will it cross state lines?[/b]<HR></BLOCKQUOTE>

This is the only thing I can comment on, as I have worked in the health insurance field in the past. It depends on your plan, is it an HMO that makes you see specific doctors on the plan? Or a regular 80/20 plan with deductible. Check with your Benefits person at work who can tell you exactly what will be covered out of area (if it's a PPO/HMO type plan). A regular plan with deductible & 80% paid will usually cover any physician in any state. Again, check with your benefits coordinator at work.

Good luck!



------------------
~God gave me three angels!~

Legal Beagle
I have considered filing for change of custody, but that takes their mother away from the kids, I don't think it's in their best interest to do that. I am hoping for the judge to restrict how far she can move so we can both continue to be parents to our kids.
Is that a possibility?
I am not sure what the papers are that she had me served with. They ask for an increase in child support, and announces her wedding date and move away date. There was nothing about asking for permission.
My response was merely that I object to the move.
With the info I provided above, have I got a prayer of some sort of reasonable compromise in court?

[LegalBeagle]

This is such a difficult question to answer and always a painful subject. You kids are about to be taken away and the amount of time you will get to spend with them will drop drastically.

I am afriad you need an attorney otherwise there is the chance she will take the kids and you will end up with no money for visitation and little visitation time.

With the amount of information you have given you have a good case to stop the move as she would need to counter your plea with good reasons why it is in the best interests of the children to move. I am not sure if your reply objecting to the move is sufficent to stop it. You may need to draw up a proper petition to that effect.

If she does move, you want to petition for increased visitation and for much longer periods.. ie, 1 week at christmas and spring break.. at least a month during summer etc.. and for her to pay for all travel costs.

Best advice I can give is to get an attorney.. you will regret it if she ends up leaving and then denies you visitation / travel costs etc..

Thanks!
Have an appointment with attorney late next week, meanwhile trying to get my ducks in a row, so as to know what to provide for the attorney, etc....
I guess in a nutshell, with an attorney, with the facts stated above, do I have a prayer?

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by the dad:
[b]Thanks!
Have an appointment with attorney late next week, meanwhile trying to get my ducks in a row, so as to know what to provide for the attorney, etc....
I guess in a nutshell, with an attorney, with the facts stated above, do I have a prayer?[/b]<HR></BLOCKQUOTE>

With a good attorney you have a fair chance of getting good visitation and travel expenses. Of stopping her move ?.. that is too tough to answer, but with all your details you have a fair chance..

I personally would petition for custody, it may make her think about moving if she is threatened with losing the children. If you win custody, then it is unlikely she would move as she would want to be near the children.

End result for you should be, at the very least, increased visitation and travel expenses paid for by here. Anything less is unacceptable.

btw, just because she has no job does not give her the right to ask for more money via CS.

[jyoung]

just saw this thread and felt need to comment. I'm in similar situation and also
have been advised to file for full custody as I now am NCP shared custody. I feel the same way in that I don't think the kid deserves to be taken away from her mom but
I might have to do file anyway just to show
the ex that my rights can not be disregarded.
I've filed pro se for to enjoin her move pending mediation or a hearing; is there a way to
threaten tactfully that I might choose to file for full custody w/o actually doing so;
I guess it's called a bluff at the poker table. Send lawyers, guns and money. (florida, ex moving to NY)

JYoung,
Lawyers, guns, and money....;-)

Keep me updated on your case, I will do the same.