short notice job relocation more than 100 miles away-summer visitation impact?

[CJane]

I am not understanding. If I would have known about the move what would that have changed about the visitation order? Not the actual schedule, right?

Informing the court that a move was possible would have assisted the court (and therefore you and your ex) with TIMING. There COULD have been a clause included that stated "In the event that NCP must relocate prior to XX/XX/XXXX, child shall spend June with NCP. In the event that NCP either does not relocate, or relocates after XX/XX/XXXX, the SOP for summer visitation applies."

My concern is the short notice of the move and the short notice notification to the CP. Is there a rule/law/requirement that applies in a short notice situation such as this? Does the 100 mile or more visitation schedule apply to this summer, given the short notice?

In a case such as this, where you KNEW there was a likelihood that you'd need to move prior to July, and yet you went along with the order as if there was going to be no change in anything means (IMO) that you need to comply with the order as if you were going to be living close to Mom. Which means you need to finance kiddo's travel to HI for the month of July.

OR you need to get Mom to agree to alternate arrangements, but she is under no obligation whatsoever to accommodate you.

And YOU should be responsible for ALL travel expenses.

We did have hints of a move but had no idea when or if it would happen. Our attorney at the time advised us to keep the possibility of move to ourselves. He said it would only prolong and confuse the situation.

I think your attorney gave you exceedingly poor advice.

 

[Proserpina]

I think your attorney gave you exceedingly poor advice.

I absolutely, utterly agree.

That was shockingly bad advice!

 

[Tex78704]

...Do I have the right to switch the visitation to either the standard 100 mile away visitation which is a longer time (42 days), OR ask for the month of June instead?...

If you currently have the Texas Standard Possession Order, which it appears you might, then that is good over the long term. Next year there will be no doubt that you have your kid for six weeks.

But this year is a bit more complicated, since the order was only signed last week, which means you are already past the April 1 notification date to set your visitation schedule. Technically, if you are gone by June 15, you would fall under the long distance schedule, and the default summer schedule without notice would apply with six weeks from June 15 to July 27.

But if you have not moved by June 15, CP is only bound to give you July 1-31. And at this point she does not have to accomodate your request to trade for the month of June. Although she certainly can if she wishes.

If she wants to play hardball, then you will have to figure out a way to have possession of your child as currently scheduled in July.

If you at least got the Texas SPO, then there is probably not a whole lot more your attorney could have done with regards to visitation, especially since your plans were presumably not firmed up prior to the final order being drafted.

 

[InfantCustody]

If you currently have the Texas Standard Possession Order, which it appears you might, then that is good over the long term. Next year there will be no doubt that you have your kid for six weeks.

But this year is a bit more complicated, since the order was only signed last week, which means you are already past the April 1 notification date to set your visitation schedule. Technically, if you are gone by June 15, you would fall under the long distance schedule, and the default summer schedule without notice would apply with six weeks from June 15 to July 27.

But if you have not moved by June 15, CP is only bound to give you July 1-31. And at this point she does not have to accomodate your request to trade for the month of June. Although she certainly can if she wishes.

If she wants to play hardball, then you will have to figure out a way to have possession of your child as currently scheduled in July.

If you at least got the Texas SPO, then there is probably not a whole lot more your attorney could have done with regards to visitation, especially since your plans were presumably not firmed up prior to the final order being drafted.

Not to be technical, but I believe the court order was issued for the standard possession order with parents residing within 100 miles of each other. Since the parents will be residing MORE than 100 miles from each other, they will have to return to court (or mutually agree) to have the court order amended to indicate long distance. The CP will not be required to just "give" the NCP 6 weeks because he/she moved - I believe the judge will have to order such a thing.

If I am wrong, feel free to correct me but I believe the court order in this case covers parents living close by only. Can the NCP just move and change the order without involving the courts, and at any time?

 

[familyofmany]

The SOP that was signed does address more than 100 miles apart

The Texas SOP that was just signed addresses visitation when parents reside more than 100 miles apart. And since CP and I both knew that we may move sometime in the next year, we had discussed the 100 mile apart visitation and agreed to it as it was written. It's just a matter of timing this time.

Thank you everyone for your responses.

I will discuss everything with CP and see if we can come to an agreement. I just wanted to get some advice and be prepared for the conversation.

 

[CJane]

If I am wrong, feel free to correct me but I believe the court order in this case covers parents living close by only. Can the NCP just move and change the order without involving the courts, and at any time?

The TX Standard Order of Possession outlines short and long distance visitation very clearly. So as long as the SOP was ordered, there's no modification necessary to go from under 100 miles to over 100 miles.

I do disagree with Tex just a little in that even if OP was going to be moving prior to June 15, it would be unlikely that the court would "ding" CP for insisting that the SHORT distance plan be followed since notice is so short and NCP had a pretty good idea (sorry, REFUSE to believe it was an utter shock) the relocation was imminent.

 

[MichaCA]

Just curious,

Why not take child WITH all of you beg of July on your move to HI...he can be part of the beginnings of it all which could be bonding, exciting...and then find a safe way to transport him to mom at the end of July? I ask as...its already in your court order...why not just use that visitation time? What a great vacation!