What will happen next?

[lil75bit]

What is the name of your state? Alabama.

My ex husband and I divorced a little over 3 years ago. We have a wonderful 9 year old daughter together. We have joint custody with me having primary physical custody. He was able to see her pretty much anytime he wanted to. I have recently become pregnant and had made a quick decision to move out of state but only 4 hours away. I had made arrangements with him to see our daughter as often as possible. He is not paying child support and everytime I ask him about it he continues to tell me when it is due. I have recently found out that he has filed papers in court that I am an unfit mother, which I'm not, and that he should have full custody of our daughter. I followed the guidelines in our divorce about notifying him of the move. Like I said it was a quick decision so he was notified by phone first once we moved and then by certified mail like stated in the divorce. Now he has filed papers for me to return her to the county where he lives until court. I am unable to work due to my pregnancy because I am high risk and unable to afford a lawyer. What can I do on my own?

 

[Zephyr]

so are you driving kiddo back to dad's and picking liddo up for every one of his court awarded periods of parenting time?

 

[TheGeekess]

Alabama state law on NCP notification:
"Section 30-3-165
Notice.
(a) When a notice is required by either Section 30-3-163 or Section 30-3-164, except as provided by Section 30-3-167, the notice of a proposed change of principal residence of a child or the notice of an intended or proposed change of the principal residence of an adult as provided in this article must be given by certified mail to the last known address of the person or persons entitled to notification under this article not later than the 45th day before the date of the intended change of the principal residence of a child or the 10th day after the date such information required to be furnished by subsection (b) becomes known, if the person did not know and could not reasonably have known the information in sufficient time to comply with the 45-day notice, and it is not reasonably possible to extend the time for change of principal residence of the child.

(b) Except as provided by Section 30-3-167, all of the following information, if available, must be included with the notice of intended change of principal residence of a child:

(1) The intended new residence, including the specific street address, if known.

(2) The mailing address, if not the same as the street address.

(3) The telephone number or numbers at such residence, if known.

(4) If applicable, the name, address, and telephone number of the school to be attended by the child, if known.

(5) The date of the intended change of principal residence of a child.

(6) A statement of the specific reasons for the proposed change of principal residence of a child, if applicable.

(7) A proposal for a revised schedule of custody of or visitation with a child, if any.

(8) A warning to the non-relocating person that an objection to the relocation must be made within 30 days of receipt of the notice or the relocation will be permitted.

(c) A person entitled to custody of a child who is on active military service in the Armed Forces of the United States of America and is being transferred or relocated pursuant to a non-voluntary order of the government shall provide notice of change of principal residence of a child to the persons entitled to custody of or visitation with a child with the information set forth in subsection (b) except that such notice need not contain a warning to the non-relocating person as provided in subdivision (8) of subsection (b) that an objection to the relocation must be made within 30 days or the relocation will be permitted.

(d) A person required to give notice of a proposed change of principal residence of a child under this section has a continuing duty to provide the information required by this section as that information becomes known. Such information should be provided by certified mail to the last known address to the person or persons entitled to such notice within 10 days of the date such information becomes known.
(Act 2003-364, p. 1017, §6.)"
http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/30-3-165.htm

 

[TheGeekess]

"Section 30-3-168
Failure to give notice.

(a) Except as provided in Section 30-3-167, if a person required to give notice as required by Section 30-3-163 or Section 30-3-164 shall fail to provide the notice or the information required by subsection (b) of Section 30-3-165, the court shall consider the failure to provide such notice or information as a factor in making its determination regarding the change of principal residence of a child; a factor in determining whether custody or visitation should be modified; a factor for ordering the return of the child to the former residence of the child if the change of principal residence of a child has taken place without notice; a factor meriting a deviation from the child support guidelines; a factor in awarding increased transportation and communication expenses with the child; and a factor in considering whether the person seeking to change the principal residence of a child may be ordered to pay reasonable costs and attorney's fees incurred by the person objecting to the change.

(b) Additionally, the court may make a finding of contempt of court if a party willfully and intentionally violates the notice requirement of an order issued by any court pursuant to Section 30-3-166 and may impose the sanctions authorized by law or rule of court for disobedience of a court order."
(Act 2003-364, p. 1017, §9.)
http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/30-3-168.htm

 

[TheGeekess]

"Section 30-3-169.9
Change of principal residence outside state.

(a) In those instances where the change of principal residence of a child results in the relocation of a child to a residence outside this state, the provisions of Sections 30-3B-101 to 30-3B-314, inclusive, shall apply to actions commenced under this article.

(b) Where the parties have been awarded joint custody, joint legal custody, or joint physical custody of a child as defined in Section 30-3-151, and at least one parent having joint custody, joint legal custody, or joint physical custody of a child continues to maintain a principal residence in this state, the child shall have a significant connection with this state and a court in fashioning its judgments, orders, or decrees may retain continuing jurisdiction under Sections 30-3B-202 to 30-3B-204, inclusive, even though the child’s principal residence after the relocation is outside this state.

(c) In a proceeding commenced to modify, interpret, or enforce a final decree under this article, where jurisdiction exists under this section or otherwise as provided by law and where only one person having joint custody, joint legal custody, or joint physical custody of a child continues to maintain a principal residence in this state, notwithstanding any law to the contrary, venue of all proceedings under this article is changed so that venue will lie either in the original circuit court rendering the final decree or in the circuit court of the county where that person having joint custody, joint legal custody, or joint physical custody has resided for a period of at least three consecutive years immediately preceding the commencement of an action under this article. The person having joint custody, joint legal custody, or joint physical custody who continues to maintain a principal residence in this state shall be able to choose the particular venue as herein provided, regardless of which party files the petition or other action."
(Act 2003-364, p. 1017, §19.)
http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/30-3-169.9.htm

 

[lil75bit]

so are you driving kiddo back to dad's and picking liddo up for every one of his court awarded periods of parenting time?

No the agreement was to meet half way. Since I had made the decision to move I was willing to give him extra time with our daughter when able to such as spring break, longer durning the summer, etc.

 

[lil75bit]

Alabama state law on NCP notification:
"Section 30-3-165
Notice.
(a) When a notice is required by either Section 30-3-163 or Section 30-3-164, except as provided by Section 30-3-167, the notice of a proposed change of principal residence of a child or the notice of an intended or proposed change of the principal residence of an adult as provided in this article must be given by certified mail to the last known address of the person or persons entitled to notification under this article not later than the 45th day before the date of the intended change of the principal residence of a child or the 10th day after the date such information required to be furnished by subsection (b) becomes known, if the person did not know and could not reasonably have known the information in sufficient time to comply with the 45-day notice, and it is not reasonably possible to extend the time for change of principal residence of the child.

(b) Except as provided by Section 30-3-167, all of the following information, if available, must be included with the notice of intended change of principal residence of a child:

(1) The intended new residence, including the specific street address, if known.

(2) The mailing address, if not the same as the street address.

(3) The telephone number or numbers at such residence, if known.

(4) If applicable, the name, address, and telephone number of the school to be attended by the child, if known.

(5) The date of the intended change of principal residence of a child.

(6) A statement of the specific reasons for the proposed change of principal residence of a child, if applicable.

(7) A proposal for a revised schedule of custody of or visitation with a child, if any.

(8) A warning to the non-relocating person that an objection to the relocation must be made within 30 days of receipt of the notice or the relocation will be permitted.

(c) A person entitled to custody of a child who is on active military service in the Armed Forces of the United States of America and is being transferred or relocated pursuant to a non-voluntary order of the government shall provide notice of change of principal residence of a child to the persons entitled to custody of or visitation with a child with the information set forth in subsection (b) except that such notice need not contain a warning to the non-relocating person as provided in subdivision (8) of subsection (b) that an objection to the relocation must be made within 30 days or the relocation will be permitted.

(d) A person required to give notice of a proposed change of principal residence of a child under this section has a continuing duty to provide the information required by this section as that information becomes known. Such information should be provided by certified mail to the last known address to the person or persons entitled to such notice within 10 days of the date such information becomes known.
(Act 2003-364, p. 1017, §6.)"
http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/30-3-165.htm

But see I did this. He was advised by phone and certified letter. I had the letter to him withing 10 days after us moving.

 

[Zephyr]

Alabama state law on NCP notification:
"Section 30-3-165
Notice.
(a) When a notice is required by either Section 30-3-163 or Section 30-3-164, except as provided by Section 30-3-167, the notice of a proposed change of principal residence of a child or the notice of an intended or proposed change of the principal residence of an adult as provided in this article must be given by certified mail to the last known address of the person or persons entitled to notification under this article not later than the 45th day before the date of the intended change of the principal residence of a child or the 10th day after the date such information required to be furnished by subsection (b) becomes known, if the person did not know and could not reasonably have known the information in sufficient time to comply with the 45-day notice, and it is not reasonably possible to extend the time for change of principal residence of the child.

(b) Except as provided by Section 30-3-167, all of the following information, if available, must be included with the notice of intended change of principal residence of a child:

(1) The intended new residence, including the specific street address, if known.

(2) The mailing address, if not the same as the street address.

(3) The telephone number or numbers at such residence, if known.

(4) If applicable, the name, address, and telephone number of the school to be attended by the child, if known.

(5) The date of the intended change of principal residence of a child.

(6) A statement of the specific reasons for the proposed change of principal residence of a child, if applicable.

(7) A proposal for a revised schedule of custody of or visitation with a child, if any.

(8) A warning to the non-relocating person that an objection to the relocation must be made within 30 days of receipt of the notice or the relocation will be permitted.

(c) A person entitled to custody of a child who is on active military service in the Armed Forces of the United States of America and is being transferred or relocated pursuant to a non-voluntary order of the government shall provide notice of change of principal residence of a child to the persons entitled to custody of or visitation with a child with the information set forth in subsection (b) except that such notice need not contain a warning to the non-relocating person as provided in subdivision (8) of subsection (b) that an objection to the relocation must be made within 30 days or the relocation will be permitted.

(d) A person required to give notice of a proposed change of principal residence of a child under this section has a continuing duty to provide the information required by this section as that information becomes known. Such information should be provided by certified mail to the last known address to the person or persons entitled to such notice within 10 days of the date such information becomes known.
(Act 2003-364, p. 1017, §6.)"
http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/30-3-165.htm

no you didn't

 

[Zephyr]

But see I did this. He was advised by phone and certified letter. I had the letter to him withing 10 days after us moving.

so you had no idea you were moving until the day you were moving?

I still can't believe you expect him to help with travel time and expenses for a distance you created

 

[nextwife]

I was willing to give him extra time with our daughter when able to such as spring break, longer durning the summer, etc.

Well, now, isn't THAT special of you? What about the weekdays and weekends you robbed him of? What about the added COST of travel that you created?

And what about that 45 day PRE-RELOCATION notice that you are required to give him?????

 

[milspecgirl]

what you can do is return your child to the father. expect the judge to order the child returned. if you are high risk, how are you supporting the child? you cannot notify him AFTER the move the statute says before

 

[lil75bit]

no you didn't

Like I said this was a sudden decision to to move so therefore as stated in my divorce decree I notified him within the 10 days after the move.

 

[lil75bit]

so you had no idea you were moving until the day you were moving?

I still can't believe you expect him to help with travel time and expenses for a distance you created

Why not? He is not paying child support. He doesn't help pay for any expenses for her. I am her sole provider.

 

[Zephyr]

Like I said this was a sudden decision to to move so therefore as stated in my divorce decree I notified him within the 10 days after the move.

NO- it says 10 days after first gaining knowledge of the impending move!...so you decided to AND moved you, your child and all of your joint belongings, found a new residence several hours away, and moved into said residence all within the same 24 hour time period?

 

[Zephyr]

Why not? He is not paying child support. He doesn't help pay for any expenses for her. I am her sole provider.

Is there an order for child support?