Anyone been in this situation?

[wolfcreekgal]

Wiley, just wanted to let you know you are an angel too! It moves me to no end to know there are people out there who care, even about a complete stranger! God bless you and thanks so much for your invaluable advice!

 

[TinkerBelleLuvr]

If there is a custody order in place, can I take my kids out of the state?
If you would like to move to another state with your child, then you usually have to ask the court's permission to modify the existing custody agreement. In deciding whether to allow you to move out of state, the judge may (but does not have to) consider:

• How the children have fared under the original custody and visitation arrangement
• The moving parent’s motives for proposing the move
• Whether the move will improve the child and custodial parent's quality of life
• What options would be available for visitation with the noncustodial parent
• How often the noncustodial parent saw the child at the old location
• Whether there are family or friends at the old or new location
• The educational opportunities at the old and new locations *

Wishing to move or moving, without any other events, is not a substantial or material change in circumstance to warrant a change in the custody order.** The judge has broad discretion for modifying a child custody order, and the best interests of the child should be the most important considerations.

*WS. §§ 20-2-201(a)(x), 20-2-204(c); Jackson v. Jackson, 96 P.3d 21 (Wyo., 2004); Stonham v. Widiastuti, 79 P.3d 1188 (Wyo., 2003); Resor v. Resor, 987 P.2d 146 (Wyo., 1999); Watt v. Watt, 971 P.2d 608 (Wyo., 1999); Love v. Love, 851 P.2d 1283 (Wyo., 1993); Trudeau v. Trudeau, 822 P.2d 873 (1991)
**Gurney v. Gurney, 899 P.2d 52, 55 (Wyo., 1995)

http://www.womenslaw.org/laws_state_type.php?id=156&state_code=WY&open_id=690#content-5976

If the other parent takes the kids out of state without my permission, can I charge him with kidnapping?
Usually not, but he may be charged custodial interference in some cases.

Generally, you cannot take your kids out of the state, even for a short period of time, without the other parent's permission, unless the court order specifically says you can. If your court order does not address this issue, then the other parent is usually not allowed to leave the state with your child, unless you give him permission.

If you have a custody/visitation order in place and the other parent tries to hide your child in violation of the custody or visitation order, you can speak with law enforcement about charging them with interference with custody or contempt. This is true whether the other parent leaves the state with your child or not.*

*W.S. § 20-2-204(b)

 

[starting over]

His Father has already missed my Mother's Day visitation with my son and plans on missing Memorial Day too. I am supposed to have him eight weeks this summer, but his Dad tells me only "if he can afford it".

Im not a lawyer, just a Mom putting myself in your shoes. I have been googling my fingers off trying to find something that might be of help, to no avail. Everything I've read, Wyoming does allow the CP to move away without prior approval and it doesn't seem to matter where either. They seem to be in a world of their own.

Question to the Seniors, even if it appears that the move away is NOT a change of circumstances in order to modify custody in this State. Would it benefit the OP to bring the CP up on contempt charges? The LD parenting plan provides for Mother's Day & Memorial Day, which he has denied, or soon will.

Would the OP be able to bring the Dad's previous statements to the Court out within the contempt hearing? Just wondering.

 

[TinkerBelleLuvr]

What If A Spouse Wants To Move Away?

Typically, at the time of the divorce, both parents are living in the same town. But it happens sometimes that at some point after the divorce, one parent wants to move away.

Often this is because of a job offer. Other times, the party simply wants to return to his or her family.

The issue then becomes: can the parent who is staying behind prevent the other party from moving?

If it is the parent who does not have physical custody, there is no issue. That parent may move. Often, visiting arrangements have to be changed, to allow for fewer, but longer, blocks of time. Typically, children visit spouses in other states during winter break and for part of the summer.

However, if the parent who has physical custody wants to move, and the other parent protests, the courts in most states have the authority to decide, on behalf of the children, whether the custodial parent may move.

Click here for factors the courts use in making that decision.

Factors In Deciding Whether A Parent May Move

Six months after the divorce, Amber Bishus, who has custody of the children, gets a job offer in a faraway state. She wants to go and accept the job, but Knott M., her ex-spouse, wants to keep the kids nearby.

The issue ends up in court. In this inquiry, the courts typically consider the following factors.


Whether the move will better the child's standard of living.
Whether the move will improve the child's school or community.
Whether the parent's motive was to harm the noncustodial parent.
Whether the noncustodial parent's motive in resisting the move is to harm the custodial parent.
Whether the noncustodial parent will still be able to have ongoing and significant contact with the child.
The nature of the non-custodial parent's contact with the child so far. In cases that denied the move, a consistent theme is that the other parent has spent many hours each week with the child, consistently showed up for all his or her visitations, and established a close, supportive, and loving relationship with the child.
The effect, either way, on the child's contact with grandparents and other people who are important influences in his or her life, as well as contact with the child's native culture.

http://www.familylawsoftware.com/splitgen/sp/xx/factorsindecidingwhetherparentmaymove.htm

 

[TinkerBelleLuvr]

If the child's location is NOT known, I guess the child would be hidden. i would be looking at parental interference at this point.

 

[wolfcreekgal]

Tinkerbelle, I cannot begin to express my gratitude to you. You have been of utmost help in understanding what I can and cannot do. Thank you!

 

[TinkerBelleLuvr]

Your welcome.

Do keep us posted.

I would still file with the courts to disagree with the move to Illinois. From the sounds of it, there might not be a "change of circumstances", but the judges do have latitude in their decisions.

 

[wolfcreekgal]

WOW! I am astounded by the outpouring of concern here. My head is spinning! I really feel like God Himself led me to this site. Angels, all of you! I just want to feel my little boy's touch again, I need so badly to hold, comfort and let him know he's safe and secure.

The lioness (I am a Leo) in me will fight to my death to ensure my offspring is well cared for. It is not in my blood to allow my child's father to "carry him away to distant lands" without a fight.

I came here thinking I am up against a formidable foe. I am now understanding I have an army fighting with me. I cannot thank you all enough for the help you have extended to me and my baby. THANK YOU!

 

[wolfcreekgal]

Once again, I want to thank everyone who is helping me.

When my ex and I moved to Wyoming almost two years ago, I knew it wasn't where I wanted to be as my family (Mom, Dad, Daughter, Grandchildren) all live in Texas. I resigned myself to living here only because my ex won custody and said he'd be here forever. I wasn't ABOUT to leave my baby behind.

Now that the ex has moved to Illinois with my little boy, I am, once again, entertaining thoughts of a move to Texas as the only reason I stayed here was for my son.

My situation is touchy because the court's jurisdiction is here in Wyoming and only the CP can change jurisdiction. I need custody of my son more than anything else thus, the reason why I am still here.

I want to make sure when I go in to modify the custody agreement, I am successful in my attempt. I understand it to be very difficult to alter a judge's original decision and I don't really want to stay here for years trying to modify over and over again. This particular judge (the same one who will hear this case again) believed my ex's lies once and I'm afraid it will happen again.

Even though I can get a lawyer to talk to me here, I can't get one to take the case. This is a very small town and everyone is too busy so, I know I will have to face my ex in court again alone. I think I will have an advantage though as he will probably represent himself over the phone in the courtroom. If he can't afford to get my little boy here for visitations, it's highly unlikely he'll show up for court in the flesh.

But to even serve him, don't I have to know where he is? Like I said before, the address he gave me is not where he is. My suspicion is that he is living in a town 50 miles from where he says he is, but of course, HE won't tell me that. How do I go about serving someone I can't find?

And based on the evidence I previously stated I have, what are my chances the judge will award me custody this time around? Isn't it just as likely the judge will just enforce the order or worse, limit my visitations? I'm really scared!