I got married/want to move/ex is protesting

[sherrywilliams]

What is the name of your state (only U.S. law)? WV
My son's dad and I were never married. My son is 9 1/2 now. He has seen him regularly over the last 8 years. The first year I would say no. He pays child supt on a regular basis as well. Last year for some reason he decided to take me to court for custody. However, we worked things out and things really didn't change. He said he just wanted things in writing. The papers say that I have primary custodial responsibility, share in major decisions, etc. They also say that I had to give 90 days notice if I wanted to move. At the time we went to court I was just moving in with my boyfriend so I didn't consider that as having to give notice. My boyfriend ended up cheating on me 2 months later and I had to move into my own apartment. Obviously I could not give 90 days notice. OK......I just got married on May 21st. I met my husband where I am currently living, WV. He came here from TN about 4 years ago to train thoroughbred horses. However, that didn't work out because the racing office took his stalls away from him and he could not afford to board them outside of the track at $300 per horse per month. I am also from Tennessee. I have always wanted to move back. My son and I moved there Feb 05 and moved back Aug 06. At that time, his dad didnt protest whatsoever. NOW....I have filed a petition to move to TN again with the Family court in my county. In the instructions it says that there are 6 good reasons for relocating your child like that. One is if your spouse has already moved and gotten settled/started a good job. Two...health reasons. Three....if there are immediate family members in the area. I can't remember the other 3. My husband HAS already moved. He has found a great job on a horse farm, a modern home--rent free, utilities included; As far as for health reasons...well, my son's dad literally drives me crazy. He makes me a nervous wreck..harassing me..it's mental harassment what he does. And we have family members in the area..my husbands mom is there. I also have several aunts and uncles 3 hours away. Now....my son's dad had his lawyer draw up papers protesting this..saying that i have exhibited disturbing behavior recently, that my son has significant ties with family and friends here, etc. We were never married, my son has lived with me his ENTIRE life. AND the court has granted permission to listen to my son's testimony. I think he is torn about moving. He wants to live with me but he wants to see his dad. I have come up with a reasonable parenting plan i think. he can spend the entire summer, xmas break, spring break, some long weekends, etc with his dad. What leg do you think he has to stand on? What can I do? I do have several emails saying that he thinks that I am a good mom...then he'll be mean and harassing again, or hitting on me (he's engaged and has a baby on the way). I'll wait to hear from you before I say anything else. Sorry I got so windy.

 

[seniorjudge]

You may move anywhere you like.

No one is stopping you.

 

[Just Blue]

You may move anywhere you like.

No one is stopping you.

But you can't take the children.

 

[seniorjudge]

But you can't take the children.

I don't believe I mentioned anything about the children.

 

[Just Blue]

I don't believe I mentioned anything about the children.

No...You didn't. I was clarifing for the OP...

 

[Silverplum]

Congratulations!

YOU are the very first parent (mommie) to EVER want to move their child away from their other parent (dad)!!!

We can't imagine anything other than YOUR happiness!!!


/sarcasm

 

[sherrywilliams]

The point is I Have to take my son....

I have to take my child. That's the point. Does his father stand a chance at getting custody? Would a judge actually do that? And I'm not only thinking of my happiness. If you knew the man I was talking about you would understand. He fills his son's head with untruths and nonsense. He buys him. He gets love from me.

 

[Just Blue]

I have to take my child. That's the point. Does his father stand a chance at getting custody? Would a judge actually do that?

Of course a Judge would actually do that! Dad has a very good chance of getting custody.

 

[Silverplum]

Of course a Judge would do that.

You have asked a q that is asked/answered over and over and over and over and over on this forum.

DO forgive us if we are bored/irritable/disinterested. But we're NOT going to explain it AGAIN. You are more than welcome to READ and LEARN.

 

[proud_parent]

OK, I waded through the initial post and found two actual questions:

What leg do you think he has to stand on?

As others have told you, a darn good one (or two).

Whether the burden of proof rests upon him or upon you depends on which state has jurisdiction. Factors a judge will consider also vary from state to state. Was your custody order entered in West Virginia? If not, does your ex still live in the state where the custody order was entered?

What can I do?

Answer my questions, and someone might post the relevant statute(s) and / or case law regarding moveaways.

 

[sherrywilliams]

thank you

the custody agreement was entered in WV. father lives in WV.

 

[Silverplum]

the custody agreement was entered in WV. father lives in WV.

IMO, you have a snowball's chance in The Quite Warm Place at moving with your child.

You can give custody to Dad, and visit your son. Oh, and pay CS.

 

[Silverplum]

What is the name of your state (only U.S. law)? WV
My son's dad and I were never married. My son is 9 1/2 now. He has seen him regularly over the last 8 years. The first year I would say no. He pays child supt on a regular basis as well. Last year for some reason he decided to take me to court for custody. However, we worked things out and things really didn't change. He said he just wanted things in writing. The papers say that I have primary custodial responsibility, share in major decisions, etc. They also say that I had to give 90 days notice if I wanted to move. At the time we went to court I was just moving in with my boyfriend so I didn't consider that as having to give notice. My boyfriend ended up cheating on me 2 months later and I had to move into my own apartment. Obviously I could not give 90 days notice. OK......I just got married on May 21st. I met my husband where I am currently living, WV. He came here from TN about 4 years ago to train thoroughbred horses. However, that didn't work out because the racing office took his stalls away from him and he could not afford to board them outside of the track at $300 per horse per month. I am also from Tennessee. I have always wanted to move back. My son and I moved there Feb 05 and moved back Aug 06. At that time, his dad didnt protest whatsoever. NOW....I have filed a petition to move to TN again with the Family court in my county. In the instructions it says that there are 6 good reasons for relocating your child like that. One is if your spouse has already moved and gotten settled/started a good job. Two...health reasons. Three....if there are immediate family members in the area. I can't remember the other 3. My husband HAS already moved. He has found a great job on a horse farm, a modern home--rent free, utilities included; As far as for health reasons...well, my son's dad literally drives me crazy. He makes me a nervous wreck..harassing me..it's mental harassment what he does. And we have family members in the area..my husbands mom is there. I also have several aunts and uncles 3 hours away. Now....my son's dad had his lawyer draw up papers protesting this..saying that i have exhibited disturbing behavior recently, that my son has significant ties with family and friends here, etc. We were never married, my son has lived with me his ENTIRE life. AND the court has granted permission to listen to my son's testimony. I think he is torn about moving. He wants to live with me but he wants to see his dad. I have come up with a reasonable parenting plan i think. he can spend the entire summer, xmas break, spring break, some long weekends, etc with his dad. What leg do you think he has to stand on? What can I do? I do have several emails saying that he thinks that I am a good mom...then he'll be mean and harassing again, or hitting on me (he's engaged and has a baby on the way). I'll wait to hear from you before I say anything else. Sorry I got so windy.

This whole thing needs to be quoted, so here it is.

 

[proud_parent]

the custody agreement was entered in WV. father lives in WV.

West Virginia is one of the state which presumes in favor of custodial parent relocation if it can be demonstrated that the move is made in good faith.

§48-9-403. Relocation of a parent
(1) A parent who has been exercising a significant majority of the custodial responsibility for the child should be allowed to relocate with the child so long as that parent shows that the relocation is in good faith for a legitimate purpose and to a location that is reasonable in light of the purpose. The percentage of custodial responsibility that constitutes a significant majority of custodial responsibility is seventy percent or more. A relocation is for a legitimate purpose if
it is to be close to significant family or other support networks,
for significant health reasons,
to protect the safety of the child or another member of the child's household from significant risk of harm,
to pursue a significant employment or educational opportunity or
to be with one's spouse who is established, or who is pursuing a significant employment or educational opportunity, in another location.

The relocating parent has the burden of proving of the legitimacy of any other purpose.

A move with a legitimate purpose is reasonable unless its purpose is shown to be substantially achievable without moving or by moving to a location that is substantially less disruptive of the other parent's relationship to the child.

(2) If a relocation of the parent is in good faith for legitimate purpose and to a location that is reasonable in light of the purpose and if neither has been exercising a significant majority of custodial responsibility for the child, the court shall reallocate custodial responsibility based on the best interest of the child, taking into account all relevant factors including the effects of the relocation on the child.

(3) If a parent does not establish that the purpose for that parent's relocation is in good faith for a legitimate purpose into a location that is reasonable in light of the purpose, the court may modify the parenting plan in accordance with the child's best interests and the effects of the relocation on the child. Among the modifications the court may consider is a reallocation of primary custodial responsibility, effective if and when the relocation occurs, but such a reallocation shall not be ordered if the relocating parent demonstrates that the child's best interests would be served by the relocation.
http://www.legis.state.wv.us/WVCODE/48/code/WVC 48 - 9 - 403 .htm

 

[Ohiogal]

I have to take my child. That's the point.

NO you don't. The point is the child has TWO parents.

Does his father stand a chance at getting custody?

Yep.

Would a judge actually do that?

Yep. Why wouldn't he?

And I'm not only thinking of my happiness.

Prove it.

If you knew the man I was talking about you would understand. He fills his son's head with untruths and nonsense.

Nonesense like you saying that this man LITERALLY drives you crazy. Find a psychiatrist that supports that statement that has a REAL license to practice medicine.

He buys him. He gets love from me.

Sure. Says you.