CP now wants to move to another state.

[Neal1421]

What is the name of your state (only U.S. law)? TN

Just to save you the trouble here are my previous threads.

https://forum.freeadvice.com/child-custody-visitation-37/truancy-question-448037.html

https://forum.freeadvice.com/child-custody-visitation-37/can-harassment-charges-filed-372348.html

https://forum.freeadvice.com/child-custody-visitation-37/update-sorry-so-long-324337.html

Ok, now that you're basically caught up, here's what's new. My husband received a letter in the mail from his daughter's mom stating that in a month she and her daughter will be moving over 1100 miles away. She has recently remarried and intends on relocating herself and her daughter to be with her new husband.

My husband is livid right now. As soon as he got the letter he started calling lawyers to set up a time for a consultation to hire someone to represent him. Of course he plans on opposing the move.

I just want to know if you all think he might have a chance in the fight. I personally think that he does, however it could just be my emotions that are getting the best of me at the moment.

The mother has done nothing at this point to facilitate his relationship with his daughter, all she has done is hinder it. He has taken her to court for contempt of court on several occasions for missed visitations however, the judge writes it off as her not understanding the court order. She has also been taken to court over the phone calls and was given a tap on the wrist. He still has not received a call in the past 4 months, other than the child calling on the phone crying and whispering that she wants to live with her dad because she hadn't seen her mom in over a week.

The child has frequently been absent from school. Last year, she missed 28 days of school. All of them were excused with a doctor's note from the same doctor each time, however when dad checked his insurance, no claims were ever made on his insurance. This year she has missed a total of 15. Before she started missing so much school, she was an A/B student and has since become a C/D student. The teacher writes on her report card that she is a very bright girl, but she never brings in her homework, and did not turn in a project for one class causing her to receive such a low mark. The teacher has constantly requested conferences with the mother, which the teacher told my husband that the mother never attends. He has now started contacting dad who attends.

His main concerns are that if she is allowed to take their daughter away, he will not be able to be the father that he has been up until this point and that her education will suffer even more. He has her EOW, 4 weeks in the summer, a week at christmas, and alternating holidays.

Does he have a shot at convincing the court that this move is not in the child's best interest?

 

[TheGeekess]

If he can get it into court, Mom has to prove it is in the child's best interest to move.

Does Dad live in the same school district as Mom?

"36-6-108. Parental relocation. —

(a) If a parent who is spending intervals of time with a child desires to relocate outside the state or more than one hundred (100) miles from the other parent within the state, the relocating parent shall send a notice to the other parent at the other parent's last known address by registered or certified mail. Unless excused by the court for exigent circumstances, the notice shall be mailed not later than sixty (60) days prior to the move. The notice shall contain the following:

(1) Statement of intent to move;

(2) Location of proposed new residence;

(3) Reasons for proposed relocation; and

(4) Statement that the other parent may file a petition in opposition to the move within thirty (30) days of receipt of the notice.


(b) Unless the parents can agree on a new visitation schedule, the relocating parent shall file a petition seeking to alter visitation. The court shall consider all relevant factors, including those factors enumerated within subsection (d). The court shall also consider the availability of alternative arrangements to foster and continue the child's relationship with and access to the other parent. The court shall assess the costs of transporting the child for visitation and determine whether a deviation from the child support guidelines should be considered in light of all factors including, but not limited to, additional costs incurred for transporting the child for visitation.


(c) If the parents are actually spending substantially equal intervals of time with the child and the relocating parent seeks to move with the child, the other parent may, within thirty (30) days of receipt of notice, file a petition in opposition to removal of the child. No presumption in favor of or against the request to relocate with the child shall arise. The court shall determine whether or not to permit relocation of the child based upon the best interests of the child. The court shall consider all relevant factors including the following where applicable:


(1) The extent to which visitation rights have been allowed and exercised;
(2) Whether the primary residential parent, once out of the jurisdiction, is likely to comply with any new visitation arrangement;
(3) The love, affection and emotional ties existing between the parents and child;
(4) The disposition of the parents to provide the child with food, clothing, medical care, education and other necessary care and the degree to which a parent has been the primary caregiver;
(5) The importance of continuity in the child's life and the length of time the child has lived in a stable, satisfactory environment;
(6) The stability of the family unit of the parents;
(7) The mental and physical health of the parents;
(8) The home, school and community record of the child;
(9) (A) The reasonable preference of the child if twelve (12) years of age or older;
(B) The court may hear the preference of a younger child upon request. The preferences of older children should normally be given greater weight than those of younger children;

(10) Evidence of physical or emotional abuse to the child, to the other parent or to any other person; and
(11) The character and behavior of any other person who resides in or frequents the home of a parent and such person's interactions with the child.

(d) (1) If the parents are not actually spending substantially equal intervals of time with the child and the parent spending the greater amount of time with the child proposes to relocate with the child, the other parent may, within thirty (30) days of receipt of the notice, file a petition in opposition to removal of the child. The other parent may not attempt to relocate with the child unless expressly authorized to do so by the court pursuant to a change of custody or primary custodial responsibility. The parent spending the greater amount of time with the child shall be permitted to relocate with the child unless the court finds:

(A) The relocation does not have a reasonable purpose;

(B) The relocation would pose a threat of specific and serious harm to the child that outweighs the threat of harm to the child of a change of custody; or

(C) The parent's motive for relocating with the child is vindictive in that it is intended to defeat or deter visitation rights of the non-custodial parent or the parent spending less time with the child.


(2) Specific and serious harm to the child includes, but is not limited to, the following:
(A) If a parent wishes to take a child with a serious medical problem to an area where no adequate treatment is readily available;
(B) If a parent wishes to take a child with specific educational requirements to an area with no acceptable education facilities;
(C) If a parent wishes to relocate and take up residence with a person with a history of child or domestic abuse or who is currently abusing alcohol or other drugs;
(D) If the child relies on the parent not relocating who provides emotional support, nurturing and development such that removal would result in severe emotional detriment to the child;
(E) If the custodial parent is emotionally disturbed or dependent such that the custodial parent is not capable of adequately parenting the child in the absence of support systems currently in place in this state, and such support system is not available at the proposed relocation site; or
(F) If the proposed relocation is to a foreign country whose public policy does not normally enforce the visitation rights of non-custodial parents, that does not have an adequately functioning legal system or that otherwise presents a substantial risk of specific and serious harm to the child.

(e) If the court finds one (1) or more of the grounds designated in subsection (d), the court shall determine whether or not to permit relocation of the child based on the best interest of the child. If the court finds it is not in the best interests of the child to relocate as defined herein, but the parent with whom the child resides the majority of the time elects to relocate, the court shall make a custody determination and shall consider all relevant factors including the following where applicable:

(1) The extent to which visitation rights have been allowed and exercised;

(2) Whether the primary residential parent, once out of the jurisdiction, is likely to comply with any new visitation arrangement;

(3) The love, affection and emotional ties existing between the parents and child;

(4) The disposition of the parents to provide the child with food, clothing, medical care, education and other necessary care and the degree to which a parent has been the primary caregiver;

(5) The importance of continuity in the child's life and the length of time the child has lived in a stable, satisfactory environment;

(6) The stability of the family unit of the parents;

(7) The mental and physical health of the parents;

(8) The home, school and community record of the child;

(9) (A) The reasonable preference of the child if twelve (12) years of age or older;

(B) The court may hear the preference of a younger child upon request. The preferences of older children should normally be given greater weight than those of younger children;

(10) Evidence of physical or emotional abuse to the child, to the other parent or to any other person; and

(11) The character and behavior of any other person who resides in or frequents the home of a parent and such person's interactions with the child.

(f) The court shall consider the availability of alternative arrangements to foster and continue the child's relationship with and access to the other parent. The court shall assess the costs of transporting the child for visitation, and determine whether a deviation from the child support guidelines should be considered in light of all factors including, but not limited to, additional costs incurred for transporting the child for visitation.

(g) Nothing in this section shall prohibit either parent from petitioning the court at any time to address issues, such as, but not limited to, visitation, other than a change of custody related to the move. In the event no petition in opposition to a proposed relocation is filed within thirty (30) days of receipt of the notice, the parent proposing to relocate with the child shall be permitted to do so.


(h) It is the legislative intent that the gender of the parent who seeks to relocate for the reason of career, educational, professional, or job opportunity, or otherwise, shall not be a factor in favor or against the relocation of such parent with the child.


(i) Either parent in a parental relocation matter may recover reasonable attorney fees and other litigation expenses from the other parent in the discretion of the court.

[Acts 1998, ch. 910, § 1; 2007, ch. 187, § 7.]"

Michie's Legal Resources

 

[Neal1421]

No, dad lives about 3 hours away however still in the same state.

Will the fact that she only gave a little over 30 days notice do anything other than delay her move if she is granted the move since she is required to give 60 days notive?

He is still looking for a lawyer but wants to get the ball moving so to speak as soon as possible.

What should he do until he finds a lawyer?

I have suggested that he send a letter CRR to her and also file it with the court that he is opposes the move, why and that she has failed to serve him in the adequate amount of time. Is there anything else he needs to do at this point?

 

[LdiJ]

No, dad lives about 3 hours away however still in the same state.

Will the fact that she only gave a little over 30 days notice do anything other than delay her move if she is granted the move since she is required to give 60 days notive?

He is still looking for a lawyer but wants to get the ball moving so to speak as soon as possible.

What should he do until he finds a lawyer?

I have suggested that he send a letter CRR to her and also file it with the court that he is opposes the move, why and that she has failed to serve him in the adequate amount of time. Is there anything else he needs to do at this point?

That three hours is going to be a problem. That means that the child would be moving and changing schools no matter what. So the child is not going to be kept in the same community no matter what.

How old is the child?

 

[Neal1421]

She is 9.

Will any of the information mentioned in the original post help him keep his daughter here? Like the fact that the mother has already tried to put a strain on their relationship by denying visitation and phone calls? Or the fact that the child's education is not being properly tended to?

He is just afraid that once she moves, he will not be able to have any say in his child's education and well being, nor will he be able to see her and have the relationship that they have as well as the relationship between her and her brother.

 

[LdiJ]

She is 9.

Will any of the information mentioned in the original post help him keep his daughter here? Like the fact that the mother has already tried to put a strain on their relationship by denying visitation and phone calls? Or the fact that the child's education is not being properly tended to?

He is just afraid that once she moves, he will not be able to have any say in his child's education and well being, nor will he be able to see her and have the relationship that they have as well as the relationship between her and her brother.

The judge has to make the decision based on the best interest of the child, not either of the parents. Its always trickier when the child will have to move, change schools and leave their community anyway.

Basically, the judge is going to have to decide if it would do the child more harm to be separated from mom, or to see dad less often.

 

[Neal1421]

The judge has to make the decision based on the best interest of the child, not either of the parents. Its always trickier when the child will have to move, change schools and leave their community anyway.

Basically, the judge is going to have to decide if it would do the child more harm to be separated from mom, or to see dad less often.

So, at this point, what is it that you suggest that he do other than look for an attorney and send the letter opposing the move?

She stated that they plan to move 3/4, is there a chance that this will be heard before that date? If not, can he file something to keep her in the state until the issue has been heard by the court?

Thanks!

 

[Ohiogal]

So, at this point, what is it that you suggest that he do other than look for an attorney and send the letter opposing the move?

She stated that they plan to move 3/4, is there a chance that this will be heard before that date? If not, can he file something to keep her in the state until the issue has been heard by the court?

Thanks!

He needs to file objecting to the move and requesting an IMMEDIATE restraining order preventing the child from being removed from the jurisdiction of the Court.

 

[Neal1421]

Update...more frustrated than ever.

Well, husband got a lawyer and the lawyer filed a response to the mother's petition to leave the state with the child. The lawyer also filed a restraining order however the judge said that he was not going to issue the restaining to prevent the mother leaving with the child on the 4th.

They have a court date set for the 19 of March, however the current order will not have been changed by then. With that being said, the father's regular visitation is still every other weekend which means that he is scheduled to have his daughter on the 13th.

How likely is it that the mother will be held in contempt of court for not having the child in TN on the 13th? I'm thinking not very likely as the judge has said that he will not issue the restaining order to keep her here, but my husband is grasping at straws here.

Who's to say that the court will even hear the case on the 19th? What if there is a contiuance has there has been on so many occasions with the mother. What happens to his visitation then? Can he file for all of the missed visitations that there are until the case is heard in front of the judge or will this just be seen as petty? He just feels as though if she is allowed to take his child, he will not be able to see her again. This is the same thing that her mother (his daughter's grandmother)pulled with her (mother)as a child and she never saw her dad again.

He doesn't have a new address for her, no new phone number and no way to contact his child once she leaves.

This particular judge has also said on occasion that he thinks that my husband just doesn't want the mother to go on with her life which is why he keeps taking her back to court. That is far from the truth, he just wants what is best for his daughter.

Any help would be greatly appreciated.

Thanks!

 

[Ohiogal]

He should attempt to get his child for the scheduled court ordered visitation. If mom is not there, FILE FOR CONTEMPT.

 

[LdiJ]

He should attempt to get his child for the scheduled court ordered visitation. If mom is not there, FILE FOR CONTEMPT.

I am not sure that I agree with that...in this particular situation.

The judge refused to issue a restraining order to keep the child in the state, and the judge has apparently formed some opinions based on this:

This particular judge has also said on occasion that he thinks that my husband just doesn't want the mother to go on with her life which is why he keeps taking her back to court. That is far from the truth, he just wants what is best for his daughter.

Therefore I am not sure that it wouldn't hurt him to file a contempt motion since the judge is clearly aware that the child will have moved out of state...and apparently views dad as a "problem".

It might be better for dad to focus his efforts on proving to the judge that it would be more in the child's best interest to remain in state, and more on focusing on long distance arrangements...in both directions.

And if dad doesn't have an attorney, he might want to get one.

 

[Neal1421]

Ok, I am trying to prepare him for the worse case scenario. Where would I be able to find examples of long distance parenting plans. I've tried using google but haven't been able to come up with anything.

 

[CourtClerk]

Deltabravo.net has some good ones.

Good luck

 

[LdiJ]

Ok, I am trying to prepare him for the worse case scenario. Where would I be able to find examples of long distance parenting plans. I've tried using google but haven't been able to come up with anything.

Standard long distance is every other Thanksgiving break, one week of Christmas Break, every or every other Spring break, and anywhere from 1/2 to 3/4 of the summer.

If the distance is driveable, or the parties can afford airfare and its workable, then even one weekend a month can be standard as well.

 

[Neal1421]

Thanks guys.

One last question for the night. If the mother is allowed to move, I know TN still has jurisdiction, but would the county that currently has jurisdiction have to retain it, or could my husband motion to have it transferred to the county where he lives? Anything he can do to get away from this judge would be helpful.