Out of state visitation in another state???

[Alaskadad]

What is the name of your state? AK

Long story made short..... mom moved with 3 kids to NY, I am in Alaska. Divorced 4/07 and custody given to me and kids ordered back to Alaska (Joint with visitation and splitting travel costs). Mom still in NY. I am now considering moving out of state.

Could this be considered a "significant change in circumstance" where she could petition for custody? If I do move and go ahead with the pending summer visitation, what happens if she decides not to return the kids to the new "home"state? It was a messy ordeal and I really do not trust her and feel she may take advantage of the situation.

My motivations for moving are..... lower cost of living, better/easier access for extended family ( and mom), cheaper travel, more resources, etc., etc.

Basically, aside form being a nuisance, is there anything that she could do that would jeopardize the current arrangement? There is nothing mentioned in the final, judge signed, divorce and custody documents about relocation.What is the name of your state?What is the name of your state?

 

[CourtClerk]

What state are you planning on moving to?

 

[LdiJ]

What state are you planning on moving to?

And...is air travel cheaper and easier (more direct flights etc.) from where you are planning to move?

You do realize that if you had moved prior to this its possible that the court would not have ordered mom to return the kids to you? You had a home state advantage going for you. Therefore it certainly would be a "change in circumstance" if you are now moving out of that home state, particularly if you used arguments regarding keeping the children in their habitual community etc.

However, if the move also improves things for mom and the kids as well as you and your family, that's a powerful argument in your favor. It is possible that you could move 1000 miles closer to mom, yet have air travel be more complicated and more expensive. So check all of that out in advance and prepare how to deal with/argue that, in case mom does reopen things.

 

[nextwife]

And...is air travel cheaper and easier (more direct flights etc.) from where you are planning to move?

You do realize that if you had moved prior to this its possible that the court would not have ordered mom to return the kids to you? You had a home state advantage going for you. Therefore it certainly would be a "change in circumstance" if you are now moving out of that home state, particularly if you used arguments regarding keeping the children in their habitual community etc.

However, if the move also improves things for mom and the kids as well as you and your family, that's a powerful argument in your favor. It is possible that you could move 1000 miles closer to mom, yet have air travel be more complicated and more expensive. So check all of that out in advance and prepare how to deal with/argue that, in case mom does reopen things.

WHERE could be more problematic for visitation than Alaska to NY? Other than Hawaii to NY?

 

[LdiJ]

WHERE could be more problematic for visitation than Alaska to NY? Other than Hawaii to NY?

If he lived in Juneau, for example, there are direct flights to NY.

However, if he moved somewhere in the middle of the rural midwest, again for example, it might take two airline connections to get to NY, and actually cost more.

You can't assume that a closer distance (anywhere in the US) equals cheaper/easier airfare. I can get to Orlando FL really cheap from Indianapolis, IN, but getting to Gulf Shores AL, which is ALOT closer, is much more expensive and takes at least one, sometimes two connections. I can actually get to Gulf Shores AL, sometimes faster by car, than by the total amount of time (including layovers) that it takes me to get there by air.

That was the point I was making.

 

[CourtClerk]

You do realize that if you had moved prior to this its possible that the court would not have ordered mom to return the kids to you? You had a home state advantage going for you. Therefore it certainly would be a "change in circumstance" if you are now moving out of that home state, particularly if you used arguments regarding keeping the children in their habitual community etc.

It's a year later Ld, not 2, 3 or 4 months after the divorce that dad is attempting to move. I find it hard to believe that ANYONE who argues keeping the children in their habitual community promises to keep the children there for the remainder of their minority. Things change in a year. The job market is going in the tank, housing sucks... we don't even know WHY the OP is moving.

 

[LdiJ]

It's a year later Ld, not 2, 3 or 4 months after the divorce that dad is attempting to move. I find it hard to believe that ANYONE who argues keeping the children in their habitual community promises to keep the children there for the remainder of their minority. Things change in a year. The job market is going in the tank, housing sucks... we don't even know WHY the OP is moving.

And your point is? I haven't discouraged dad. I have been pointing out what he has to look out for and be prepared to deal with. I also disagree with you that 1 year is necessarily sufficient depending on what arguments were made.

 

[Alaskadad]

To clarify**************.

I will be going to Wyoming************** flights out of the closest major airport are approximately 3-4 times less expensive than flights from here...... I am not currently in a city with a "major" airport, so there is also the cost of getting to an airport to catch a flight************** regardless, it will be much less expensive for myself and mom (which we are to share costs for travel) anywhere else other than here, not to mention the other added benefits of being closer to everything else I mentioned in my first post.

I am not really that worried************** I was just wondering if anyone had been in the same situation and if anyone knew if something like this could cause things to go sideways.

Thanks for the replies BTW

 

[LdiJ]

I will be going to Wyoming************** flights out of the closest major airport are approximately 3-4 times less expensive than flights from here...... I am not currently in a city with a "major" airport, so there is also the cost of getting to an airport to catch a flight************** regardless, it will be much less expensive for myself and mom (which we are to share costs for travel) anywhere else other than here, not to mention the other added benefits of being closer to everything else I mentioned in my first post.

I am not really that worried************** I was just wondering if anyone had been in the same situation and if anyone knew if something like this could cause things to go sideways.

Thanks for the replies BTW

Based on that, then you probably don't have much to worry about. A move that makes things easier is generally not a problem.