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J

Jamie93

Guest
Ok i know this ? has been answer over and over. But, Are you saying if i want to move i just send my ex a letter stating that and he has 30 days to petition court? Ok then what, what if he does, can he stop me or what exaclty could he do and what would be reasonable visitation if i move out of state?
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Jamie93:
Ok i know this ? has been answer over and over. But, Are you saying if i want to move i just send my ex a letter stating that and he has 30 days to petition court? Ok then what, what if he does, can he stop me or what exaclty could he do and what would be reasonable visitation if i move out of state?<HR></BLOCKQUOTE>

My response:

To whom are you addressing this question?

IAAL



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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 
J

Jamie93

Guest
to anyone who will answer who knows what they are talking about please :) thanks

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by I AM ALWAYS LIABLE:
My response:

To whom are you addressing this question?

IAAL


<HR></BLOCKQUOTE>

 
J

Jamie93

Guest
thanks for your response.
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by I AM ALWAYS LIABLE:
My response:

Well, you are correct. This is a repetative question, that we see here almost on a daily basis.

Your ex has a right to Petition the court to stop the move so that his/her children are not taken away. The court will look at the entire situation, and make a determination that is "in the best interests of the children" and not the adults involved.

If you are granted the right to "move away", you may wind up being ordered to pay for transportation costs of the visitation with the non-custodial parent. Also, the actual visitation may be ordered to be in lengthier "chunks". For example, if your spouse's visitation is for "every other weekend", the court may order that the child stay with the non-custodial parent for 1 full week out of each month.

There are many other variables involved in each actual situation, so your mileage may vary.

IAAL
<HR></BLOCKQUOTE>

 

LegalBeagle

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Jamie93:
Ok i know this ? has been answer over and over. But, Are you saying if i want to move i just send my ex a letter stating that and he has 30 days to petition court? Ok then what, what if he does, can he stop me or what exaclty could he do and what would be reasonable visitation if i move out of state?<HR></BLOCKQUOTE>


By the way.. you do not tell him he has 30 days to petition the court.. let him figure that out for himself. You just give him 30 days notice.




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Psst... I do not work for Macdonald’s or Burger King, and even if I did, I would not tell you. For sloppy bread, tired tomatoes, frozen onions, watered down mayonnaise and imitation meat, please find a drive through window with a person who openly admits they make that stuff.

My advice above is equal to the advice they would give if you asked that person a legal question.
 
I

Illinois Parent

Guest
To LegalBeagle -
You dog you!! Your response made me laugh out loud, but it isn't nice. Nor is it necessarily 'right'.

The CP SHOULD notify the NCP that he has a right to petition within 30 days. That would be the 'right' thing to do. True, the CP may not then get to do what she wants, but, what the adults want for themselves is secondary to what is in the best interests of the child. True, visitation can then be modified to accomodate both the move and more time with the NCP, but that is not the necessarily the best situation for the child.

I would like to ask the CP in this case, Why the move? Who benefits? How does this move better serve the best interests of the child? Does this move justify making it more difficult for the child to see and spend frequent, regular time with the other parent?

(pulling out my soap box again)

These questions are/should be the only considerations. Regardless of whether or not the other parent would act so honorably is irrelevant. SOMEONE needs to take the high moral road, SOMEONE needs to teach the child, by example that we need to make decisions in our lives based on other than our own personal best interests.

I would also ask the CP if they were still married to/living with the NCP, would this move be an option? If you cared about that other person, would you do this?

Just curious.
 
I

Illinois Parent

Guest
To LegalBeagle -
You dog you!! Your response made me laugh out loud, but it isn't nice. Nor is it necessarily 'right'.

The CP SHOULD notify the NCP that he has a right to petition within 30 days. That would be the 'right' thing to do. True, the CP may not then get to do what she wants, but, what the adults want for themselves is secondary to what is in the best interests of the child. True, visitation can then be modified to accomodate both the move and more time with the NCP, but that is not the necessarily the best situation for the child.

I would like to ask the CP in this case, Why the move? Who benefits? How does this move better serve the best interests of the child? Does this move justify making it more difficult for the child to see and spend frequent, regular time with the other parent?

(pulling out my soap box again)

These questions are/should be the only considerations. Regardless of whether or not the other parent would act so honorably is irrelevant. SOMEONE needs to take the high moral road, SOMEONE needs to teach the child, by example that we need to make decisions in our lives based on other than our own personal best interests.

I would also ask the CP if they were still married to/living with the NCP, would this move be an option? If you cared about that other person, would you do this?

Just curious.
 

LegalBeagle

Senior Member
IP: I thought your post was great.. and in the ideal world I would be one of the first to open my arms to the joys of my fellow brothers and sisters and peace on earth etc..

Here on this board we deal with some real nasty situations. Only this last few days we have seen two cases where a child was taken from their home of many years.

Yes, we do not know all the details.. but tell BMRinVA that she was doing the right thing in trying to get her son and father back together and how she feels now. I personally do not believe in giving someone, who could be opposite me in court, any information in which to use against me.

Look at it this way.. the CP does not tell him about the 30 days to petition the court and they leave. On the other hand, that small piece of information could be enough to get him off his butt and drag her into court for custody of the children. That small piece of information *could* result in her losing the children...

I wish it were a perfect world.. because I would fit right in ! :)


------------------
Psst... I do not work for Macdonald’s or Burger King, and even if I did, I would not tell you. For sloppy bread, tired tomatoes, frozen onions, watered down mayonnaise and imitation meat, please find a drive through window with a person who openly admits they make that stuff.

My advice above is equal to the advice they would give if you asked that person a legal question.
 
J

Jamie93

Guest
well of course I would agree. I think it is fair to say that many of us are in situations that were not totally of our own making and that is beside the point. We have to deal with what life deals us and make the best of it. It is easy to be critical of people who want to live their own lives. I do not want to hurt my children .I have no idea why i am defending myself, well anyway , if this a perfect world i guess i am the odd man out. <BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LegalBeagle:
IP: I thought your post was great.. and in the ideal world I would be one of the first to open my arms to the joys of my fellow brothers and sisters and peace on earth etc..

Here on this board we deal with some real nasty situations. Only this last few days we have seen two cases where a child was taken from their home of many years.

Yes, we do not know all the details.. but tell BMRinVA that she was doing the right thing in trying to get her son and father back together and how she feels now. I personally do not believe in giving someone, who could be opposite me in court, any information in which to use against me.

Look at it this way.. the CP does not tell him about the 30 days to petition the court and they leave. On the other hand, that small piece of information could be enough to get him off his butt and drag her into court for custody of the children. That small piece of information *could* result in her losing the children...

I wish it were a perfect world.. because I would fit right in ! :)

<HR></BLOCKQUOTE>

 
I

Illinois Parent

Guest
LegalBeagle

You are hysterical. Let's chalk up the difference of tack between you and I as lawyer and non-lawyer!

But, I do agree with your assessment. That little bit of info, as you put it, could land them back in court with potentially disastrous results. There are no guarantees when we walk into court and hand the right to make decisions for our lives over to the judge.

My real point was to try to get this CP, as well as others, to think of the consequences of their actions BEFORE they act.

On this, I do know of what I speak. I have yet to file the necessary support increase papers on my ex BECAUSE I could be opening a can of worms. I am lucky in that my ex is basically cheap and lazy, and will go to court as a LAST resort. But I do fear the day when I have to stand before a judge myself, because there are no guarantees.

Ultimately, I have chosen to believe that if I do the right thing, for the right reasons, remain fair and reasonable.....all will turn out for the best. So far, it has worked for me. In my case, I have had to put up with some unbelievable stuff over the past 9 years, but again, my choice. But I do know of SEVERAL cases where it wasn't a happy ending, where the CP did everything right, put up with as much and more than I did and still lost.

Just wanted it posted that I am not some Pollyanna-type.
 

LegalBeagle

Senior Member
IP: There is a phases that is used a lot around here.. "Don't rock the boat" It is very true. Only the other week a CP had what many would be an ideal situation, the NCP had no interest.. then she decided to apply for daycare and petition for changes.. he got off his butt and now demanding visitation and various other things. Needless to say she is very upset about this.. I think IAAL was abused in that thread :)

Where children are concerned you need to think about each and every action at least twice. Yes, it would be nice to move to AR (yer right) from FL, but that move could have disastrous results in terms of legal action and the best interests of the child. People have to except that when you have a child, that ties you down in more ways than one. You have to dot every I, cross every T, guide every P in the right direction.. you have to know the court orders like the back of you hand. You should have read the state statutes on Family Law so you can recite it backwards in the middle of Hamlet and only when you have that in the forefront of your mind should a decision be made.

My point is, you can start off many fights with a big stick.. you have a choice as to whether you give your opponent a small stick, an equal stick or a tree.


[This message has been edited by LegalBeagle (edited September 26, 2000).]
 
A

Always searching

Guest
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[This message has been edited by Always searching (edited October 15, 2000).]
 

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