moving out of county

[BL]

The order was made in may 2010ish she left sept 2010.

i have mostly dropped the court motion as well because i felt that the more time i built up taking care of my son, the better it would like for me when the time did come where she wanted to goto court. 6mos of her being away and me having him vs 1 yr vs 2yr etc

I edited my reply .

Your choice .

 

[upstate240sx]

good advice

just curious, what could happen if im in contempt of court, no that im planning on moving "just to do it" but just want to know more of the ins and outs

 

[BL]

good advice

just curious, what could happen if im in contempt of court, no that im planning on moving "just to do it" but just want to know more of the ins and outs

Anything from incarceration , fines , paying the other parties attorney fees , to a slap on the wrist . ( in other words sanctions as the court deems proper ).

As I said Judges do not like it when an order is disobeyed, especially about moves without written permission .

 

[TinkerBelleLuvr]

Is there an actual court order in place? I know you've rescinded a few times because of lack of service.

 

[Zigner]

I usually don't walk this line...but how would mom know if he moved? And, if mom found out, what would she do?

Perhaps now is the time to start posting pics of the new place and how much you love your new apartment (house, whatever), etc. That might make mom pop up out of the woodwork.

 

[TinkerBelleLuvr]

You mean staging it, of course

 

[upstate240sx]

yes there is an order in place right now, i dont have it in front of me but it reads that we will both have joint residential and legal custody , and that the child is to not be permanently removed without the written consent of both parties.

i have gone back to change it but have given up because i cant find mom

 

[Zigner]

You mean staging it, of course

Ummm - yeah.

 

[Zigner]

yes there is an order in place right now, i dont have it in front of me but it reads that we will both have joint residential and legal custody , and that the child is to not be permanently removed without the written consent of both parties.

i have gone back to change it but have given up because i cant find mom

There ARE other methods of service...

 

[upstate240sx]

I usually don't walk this line...but how would mom know if he moved? And, if mom found out, what would she do?

Perhaps now is the time to start posting pics of the new place and how much you love your new apartment (house, whatever), etc. That might make mom pop up out of the woodwork.

this is what ive been thinking.

consider the following
im already dealing with someone that will not answer a court summons, or visit the child, or call, provide support. she emails me occasionally but i have told her to call me and she has my in county address. my own logic has been if she cant answer a court summons , i cant answer an email. but i have not denied her or her family visitation, just met with her grandmother infact last weekend, who drove from maine.

how would she even know i moved, we have no friends in common and i dont broadcast that stuff over facebook or twitter.

On the off chance she did find out (that i simply moved, aside from out of the county), given her unmotivated involvement in her childs life. would she even do anything?

if she even did find out i moved i would give her an in county address, if not my old address , where my friend owns the house (isnt going anywhere). so on the rare chance she did find out i moved, there is an even rarer chance she will know it was out of county and even rarer that she (being unmotivated and uninvolved) will do anything.


but on the off chance she finds out i moved, and found out , it was out of the county and decided to go back to court, i also need to weight the consequences

i guess these are my thoughts

 

[upstate240sx]

There ARE other methods of service...

tell more?

 

[TinkerBelleLuvr]

by publications

last known address

 

[BL]

by publications

last known address

Nope , the clerks at the court send out the summons with an affidavit of personal service .

One Judge ( who the appellate court ruled abused his discretion ) the second petition , laughed at me during the first petition hearing and told me I had to find the whereabouts when i asked if there was anything the court could do to find it . Thought he was something special.

He no longer is a family court Judge here.

 

[liandrajade]

BL,

Just a thought, couldnt OP request summary judgement since the other parent has not showed up? If can bring documentation showing more than reasonable efforts, can the judge modify only the move portion of the order?

If he can show documentation of other methods of service attempted, including the one time she responded to the incident OP mentioned, wouldn't that be proof enough that the parent is voluntarily refusing to appear thereby allowing a motion for summary judgement?

 

[BL]

BL,

Just a thought, couldnt OP request summary judgement since the other parent has not showed up? If can bring documentation showing more than reasonable efforts, can the judge modify only the move portion of the order?

If he can show documentation of other methods of service attempted, including the one time she responded to the incident OP mentioned, wouldn't that be proof enough that the parent is voluntarily refusing to appear thereby allowing a motion for summary judgement?

That's beyond my scope of knowledge.