gp visitation ordered...now moving...

[justthetwoofus]

What is the name of your state (only U.S. law)? NY

My husband died, grandparents petitioned for visitation with our 3yo son (total shock to me as I had not denied visits with them...they are just very controlling and sneaky), visitation ordered for at least once a month (I did not want to fight the inlaws, and honestly don't mind my son visiting with his grandparents).

I will be moving with my son to Florida this summer (cost of living too high in NY). I know the grandparents cannot keep us from moving.

I do not want to deny the grandparents their visitation, and would not mind hosting them monthly, as our order states, at our new home in FL.

My question is, what do I HAVE to do about moving with a grandparent visitation order, do I:

Modify the order in NY before we move

OR

Petition to domesticate our foreign (NY) judgement in FL after we move.

Bear in mind the grandparents sneaky behavior...

which option gives them the least opportunity to cause trouble for us.

Regards,
Just the Two of Us

 

[ecmst12]

What is the exact wording of your order (minus actual names)?

 

[justthetwoofus]

exact wording

"...ordered that the grandparents shall have visitation with the child in this order at least once a month as the parties can agree."

 

[mistoffolees]

"...ordered that the grandparents shall have visitation with the child in this order at least once a month as the parties can agree."

That's a strange order. It says "as the parties can agree" but also requires that it be at least once a month. It also doesn't put any limits. You could agree to 15 minutes every month and that would technically comply with the order.

If it were me, I'd simply notify the grandparents that you're moving and tell them that they are still free to have their court-ordered visitation, but that you'd prefer to know at least a few weeks ahead of time when they plan to come to FL to exercise it.

 

[justthetwoofus]

I know, the order is very vague.

Do you know if I have to file paperwork with the court stating that we are moving?

Or, does the court need to be notified of a move only regarding orders:

A. between the child's parents.

B. which specifically state that neither party can move without notifying the other?

The way I see it, the GP's have no right to deny our move to FL. They will still be allowed monthly visits (at the childs home in FL), whether they choose to excersize those rights is their perogative.

Does our move give them the right to petition the court again?

Thanks for any insight

 

[LdiJ]

I know, the order is very vague.

Do you know if I have to file paperwork with the court stating that we are moving?

Or, does the court need to be notified of a move only regarding orders:

A. between the child's parents.

B. which specifically state that neither party can move without notifying the other?

The way I see it, the GP's have no right to deny our move to FL. They will still be allowed monthly visits (at the childs home in FL), whether they choose to excersize those rights is their perogative.

Does our move give them the right to petition the court again?

Thanks for any insight

You do not have to file paperwork or notify the courts.

You are correct that they cannot stop you from moving.

They could however take you back to court to try to modify the schedule so that the children would be required to come to them...obviously not once a month, of course.

 

[BL]

When you move the GP(s) can file a petition once they have not had visitation for a month .

They could file a contempt petition or a modification citing the contempt .

It would do you no good to file a domesticated order yourself , although they could .

What the outcome of either action would be who knows , but you would have to be served the summons and come back to NY .

If you happened to fall under the poor person status , you could be heard in Fl., they in NY ,with NY deciding the outcome .

If you did not appear in NY , the court could impose sanctions , but if you never plan on moving back to NY , you most likely would have little to worry about .

You mention in orders that neither parent is to remove the children ( move out of State ) without the other permission .

Do you have that written permission ?

Because if not you could find yourself in a whole lotta hot water ,regardless .

 

[mistoffolees]

When you move the GP(s) can file a petition once they have not had visitation for a month .

They could file a contempt petition or a modification citing the contempt .

It would do you no good to file a domesticated order yourself , although they could .

What the outcome of either action would be who knows , but you would have to be served the summons and come back to NY .

If you happened to fall under the poor person status , you could be heard in Fl., they in NY ,with NY deciding the outcome .

If you did not appear in NY , the court could impose sanctions , but if you never plan on moving back to NY , you most likely would have little to worry about .

You mention in orders that neither parent is to remove the children ( move out of State ) without the other permission .

Do you have that written permission ?

Because if not you could find yourself in a whole lotta hot water ,regardless .

That's nonsense.

Grandparents can not stop them from moving. Nor will they be in contempt. The child is still available for visitation if the grandparents choose to exercise it.

For that matter, the order as written would be hard to enforce even if they didn't move.

The only way they could be held in contempt is if they refused to let the grandparents visit the child - but they're not saying that they plan to do that.

Now, the grandparents could easily ask for a modification to the existing order, but I'd deal with that if/when it happens.

 

[BL]

That's nonsense.

Grandparents can not stop them from moving. Nor will they be in contempt. The child is still available for visitation if the grandparents choose to exercise it.

For that matter, the order as written would be hard to enforce even if they didn't move.

The only way they could be held in contempt is if they refused to let the grandparents visit the child - but they're not saying that they plan to do that.

Now, the grandparents could easily ask for a modification to the existing order, but I'd deal with that if/when it happens.

Read and comprehend .

From #5 .

Or, does the court need to be notified of a move only regarding orders:

A. between the child's parents.

B. which specifically state that neither party can move without notifying the other?

I'm referencing the parents .

And I wonder if that is exactly how that is worded also .

 

[divona2000]

...You mention in orders that neither parent is to remove the children ( move out of State ) without the other permission .

Do you have that written permission ?

Because if not you could find yourself in a whole lotta hot water ,regardless .

Would it matter in this case, since there is only one parent?

 

[Proserpina]

Would it matter in this case, since there is only one parent?

Exactly - there is only one parent in this situation.

The grandparents are not afforded the same rights, privileges or considerations of the deceased parent even if they do have court-ordered visitation.

 

[BL]

I missed it don't ask me how ,but I did .

 

[Proserpina]

I missed it don't ask me how ,but I did .

It's the weekend, and we all miss stuff from time to time

 

[justthetwoofus]

Should i just petition the court?

Does "shall have visitation" mean the GP's are simply ALLOWED visitation?

The only part that concerns me is "as the parties can agree" since I doubt they will agree to come to FL each month, which allows them to complain.

I am beginning to think I should petition the court myself for a change of circumstance...that way I am seen in a better light should the GP's take me to court AGAIN!

 

[justthetwoofus]

Sanctioned?

If I were to tell gp's we are moving, and they take me to court after I move, but I chose not respond...

The worst that could happen is I would be sanctioned by the NY court?

Does that mean I would pay a fine if I ever wanted to move back to NY?

Does it affect my ability to ask for recorded certificates i.e. birth,marriage?

Could NY ever really come after me in FL, or have me extradited, or something like that?

Thanks for all the info!