CP now wants to move to another state.

[LdiJ]

If he goes this route, can he go to court on the 16th and ask that he be reimbursed for travel? He just looked into a round trip ticket for himself to fly there this week and the cheapest he was able to find was around $300, not to mention what he will have to pay for his daughter's ticket when he gets her.

Yes, he could certainly ask for that, and would have a decent chance of getting it.

 

[TinkerBelleLuvr]

Similar stunt with same "no child."

I kept EVERY receipt involved in retrieving child: airfare (me and child), car rental, gas, tolls, food, lodging, attorney fees, filing fees for contempt, etc.

Yes, dad has a bill for this. Will be curious what he has to say why he hasn't paid on it on Monday.

 

[wolfcreekgal]

Wow, this child's mother sounds like a real loser to me. I'm wondering, now that a new judge is hearing the case, if custody could modified based on mom moving away, the brother/sister bond being severed and mom refusing to allow father to see child.

I get the feeling this father has gotten the royal shaft.

 

[Neal1421]

Well...

Here we are in nearing the end of June and he still does not have his daughter. He flew to where she currently resides to try to retrieve the child, to no avail. He stayed there two days and basically called as well as drove by the house and knocked on the door several times at different hours and did not get an answer.

They went back to court last week. The mother said that they had been out of town and that she hadn't gotten the order that stated that she needed to be back to TN by the 7th. The judge decided to give her 10 days to send the child back, which would make it now the end of June so he will only have a month with her. The mother is now calling Hubby's sister to make plans to have her pick up the child on Friday which is exactly 10 days from the order. She is calling his sister because she doesn't want her daughter to talk to him. She has turned the child's phone off and does not answer any calls on her phone from him.

They have now pushed the relocation hearing out to August since she asked for a continuance at the last court date. She has since hired a new lawyer that needs to be brought up to speed.

I guess the only good thing that came out of the last court date is that she is sending the child (fingers are crossed) on Friday and the judge ordered that child support be stopped for the months of June and July until the child is returned to her mother.

Now, with that being said hubby as requested a change in custody due to her moving without permission and without notifying him properly, as well as the child's poor school records and her not facilitating the relationship between the child and the NCP.

I know this is a long shot, but hubby is adamant about it so I will stand behind him on it but do you all think he has a snowball's chance in hell on the motion to change custody?

Thanks!

 

[proud_parent]

Now, with that being said hubby as requested a change in custody due to her moving without permission and without notifying him properly, as well as the child's poor school records and her not facilitating the relationship between the child and the NCP.

I know this is a long shot, but hubby is adamant about it so I will stand behind him on it but do you all think he has a snowball's chance in hell on the motion to change custody?

Thanks!

Obviously, no one here knows how the judge in your husband's case will rule.

Is it possible that custody can be modified if the NCP is able to prove that the CP relocated the child without notice and/or permission, failed to comply with court orders for parenting time, and otherwise failed to facilitate the NCP's relationship with the child? Absolutely. My husband was awarded custody under such circumstances.

Continue to encourage your husband to maintain focus on his daughter's best interests and not on his desire to prevail over Mom. If he can approach matters from that perspective, he stands a better chance of emerging from the hearing feeling positive about the outcome, even if it is not exactly what he hoped.

 

[Neal1421]

Update...

Husband had a hearing in court today over the relocation of his daughter. As I stated earlier in this post, he is also going for custody of the child. Well, today we get to court and as usual, the mother wasn't there. She has not been present at a court hearing since she moved away. She attended one hearing via telephone, however at all other hearings only her lawyer was present

The judge saw that she was not present in court and had not been present to court for any of the hearings that have been held in his courtroom and was not happy at all. Hubby's lawyer stated the preliminaries of the case and why hubby was going for custody of the child. After hearing what his lawyer said and what her lawyer said, the judge awarded my husband temp. custody until Nov., to give the mother another chance in court to show why she should have custody.

When the judge asked her lawyer why her client left the state with the child without waiting on the court's permission. The only thing the her lawyer could say is that the mother says that she spoke to the judge who said it would be ok for her to move, which never happened. The new judge saw right through it and asked where the paperwork was to show that the judge ordered that and all the lawyer could say is that there was no paperwork to show that.

Anyway, we are looking forward to her living with us and making this as easy a transition as possible. He has already gotten paperwork to enroll the child in school and is waiting on the custody paperwork. He has spoken to the woman that would be the child's teacher as well as the school counselor and let them know the situation. Everyone is working with him to make sure that this is a smooth transition for her. I have also suggested that he see about getting her into counseling outside of school also in case one is needed for court in November.

If you have any other suggestions please let me know so that I can give the information to him. Thank you all for your help with this!!! It's not over yet, but he is getting closer...

 

[TheGeekess]

Neal, I'm soo glad you updated us! It's a good thing that the system is working (albeit slowly) for your husband and his daughter.

 

[AkersTile]

It's awesome that things are working out for your husband and his daughter. Counseling would probably be a good idea. Not only do the courts usually like it, but your stepdaughter really needs it judging by this thread. I haven't read the other ones. It could really help her to talk to someone that is not in the situation. Hopefully everything works out well in November for your family.

 

[LdiJ]

Husband had a hearing in court today over the relocation of his daughter. As I stated earlier in this post, he is also going for custody of the child. Well, today we get to court and as usual, the mother wasn't there. She has not been present at a court hearing since she moved away. She attended one hearing via telephone, however at all other hearings only her lawyer was present

The judge saw that she was not present in court and had not been present to court for any of the hearings that have been held in his courtroom and was not happy at all. Hubby's lawyer stated the preliminaries of the case and why hubby was going for custody of the child. After hearing what his lawyer said and what her lawyer said, the judge awarded my husband temp. custody until Nov., to give the mother another chance in court to show why she should have custody.

When the judge asked her lawyer why her client left the state with the child without waiting on the court's permission. The only thing the her lawyer could say is that the mother says that she spoke to the judge who said it would be ok for her to move, which never happened. The new judge saw right through it and asked where the paperwork was to show that the judge ordered that and all the lawyer could say is that there was no paperwork to show that.

Anyway, we are looking forward to her living with us and making this as easy a transition as possible. He has already gotten paperwork to enroll the child in school and is waiting on the custody paperwork. He has spoken to the woman that would be the child's teacher as well as the school counselor and let them know the situation. Everyone is working with him to make sure that this is a smooth transition for her. I have also suggested that he see about getting her into counseling outside of school also in case one is needed for court in November.

If you have any other suggestions please let me know so that I can give the information to him. Thank you all for your help with this!!! It's not over yet, but he is getting closer...

Is the child in TN NOW, or is the child with her mother?

 

[Neal1421]

Thanks for the kind words.

Akers, he is getting the child into counseling for her benefit. I was the one that thought it would be good to have an unbiased party for the court. I didn't think that school counselors would get involved with the court.

Ldj, the child was returned to her mother at the beginning of August.

 

[AkersTile]

If Father was granted Temporary custody at the last court hearing, why was child returned to Mother? Unless I misunderstood that, child should have stayed with Father until judge made a desicion in Nov.

 

[LdiJ]

Thanks for the kind words.

Akers, he is getting the child into counseling for her benefit. I was the one that thought it would be good to have an unbiased party for the court. I didn't think that school counselors would get involved with the court.

Ldj, the child was returned to her mother at the beginning of August.

What are his plans to retrieve the child from mom?

 

[Neal1421]

If Father was granted Temporary custody at the last court hearing, why was child returned to Mother? Unless I misunderstood that, child should have stayed with Father until judge made a desicion in Nov.

My husband was granted temporary custody yesterday. The child was returned at the beginning of August. The judge had previously granted him summer visitation with his daughter and she had to be returned before school, however the only available court date at the time of that hearing was for yesterday.

 

[Neal1421]

What are his plans to retrieve the child from mom?

The judge ordered that she put the child on a plane back to TN as immediately, however judging from past experience with her, we know that she will not.

My husband has not figured out how to go about getting his daughter if she doesn't send her. The judge said that if she doesn't send her, he would have someone sent to the house to get her. Is that possible? Could a judge do that?

My husband does not want to go there and cause a scene to get the child as he prefer for this to go as smoothly as possible, but again based on past experiences with her, he doesn't think that she will cooperate and he will have to call the police. He would really hate for his child to see this, but if the mother doesn't cooperate, it's his only choice, right?

Does anyone have any other suggestions?

 

[Ohiogal]

The judge can order that the police retrieve that child. That order can then be domesticated in TN and therefore he will have something enforceable.