What is the name of your state?Tennessee. Let me start from the beginning so that everyone will understand. My Husband had just made bond out of jail when He met His ex girlfriend. While He was out she got pregnant and moved in with Him. Well it turned out He had to go back to jail to do time for His crime which was theft of a car while He was in there she would come see Him. Well while He was in there she decided she would leave Him and when He got out she tried to talk Him into giving up His parental rights. He said no so she took Him to court for Child support. He agreed to pay child support from the day His child was born even though they did live together for a while after he was born. All he asked was for some visitation time with His son. The ex girlfriend said he was not responsible enough and stayed into to much trouble. The courts told her that she knew of His trouble when she met Him and got pregnant so they give Him supervised visits on Saturday from 9:00-5:00. Well this went on for a while and the ex girlfriends attitude was terrible she was rude she would not let there son bring home anything His dad got Him and even when His first visit was to take place he had to get the law to chase her down and she said she didn't know it was his weekend. His son would cry and she would say these people are making You go and stuff like that. Well I got with my Husband in 2003. We would go get His son in which His mother would have to take us because my Husband was to be supervised and I noticed His son's mom would tell my Husband what there son could eat what He could watch what He could play with and sorts of things. I told my Husband she could not tell Him what to do with His time. Well in the meantime she had married a man that was caught manufacturing meth twice and He was put in the paper for it we got a paper and my Husband threatened to do something about it. She divorced that man. Well over about a period of a year she started letting us pick His son up without my Husbands mother around and letting my Husband have unsupervised visits she even let my Husband's son spend the nite alot. Well all of a sudden everything got real bad she started cancelling on us like twice a month which is alot when You only get 4 visits for a couple of hours and my Husband would get no Holiday time He still has never really had any except here recently. It wasn't long that she re-married again to a man in Fort Campbell army base and sent us a letter informing us she would be moving to clarksville tn which was 109 miles from us in woodbury tn she lived about 15 min from us. She then turned around and told my Husband that she would not be moving so far that she would be moving about 30 miles away to the next town. Well on her last day she was allowed to move she moved to clarksville. We did not hear nothing from her for two weeks then she called and said we could come pick him up in clarksville if we wanted to see him and keep Him overnite and bring Him back. My Husband asked for Her address twice she just shrugged Him off. So I hired a private investigator to find her. When we were searching for the last known address on Her new Husband my Husbands son was with us He pointed out His house to us. When we found her we took her to court for contempt. In the end she brings Him to us and we take Him back to her and we get every other weekend Friday to Sunday split Holidays and two weeks summer visitation. This was settled in March now about three weeks ago she sent us a letter saying due to a change in Her Husbands employment she would be moving to Lexington Ky. My Husband has filed a petition to oppose the move. Can someone please tell me does my Husband stand a chance???? Soon please. Concerned Wife
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Concerned Wife!
- Thread starter barrett21
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Silverplum
Senior Member
There is no way I'm gonna wade through all of that.
Simplify, use paragraphs.
Simplify, use paragraphs.
stepmom&mom
Member
The answer to your question depends on what the custody order states about moveaways.
Concerned Wife
Tennessee. His son is now 6. We had a petiton filed Friday for a change of custody if She moves. In my Husband's current parenting plan there is nothing in it about moveaways. I'm just worried the courts will not listen to Him. If she gets to move we know She will eventually dissappear with the child. Right now She is staying not even 15 minutes from us with Her parents and will not let my Husband talk to His son or see Him so imagine if she moves. We are just worried I'm sorry my post was so long.
Tennessee. His son is now 6. We had a petiton filed Friday for a change of custody if She moves. In my Husband's current parenting plan there is nothing in it about moveaways. I'm just worried the courts will not listen to Him. If she gets to move we know She will eventually dissappear with the child. Right now She is staying not even 15 minutes from us with Her parents and will not let my Husband talk to His son or see Him so imagine if she moves. We are just worried I'm sorry my post was so long.
Silverplum
Senior Member
Here's what I found on TN. You might want to do a search on moveaway law in TN.
TENNESSEE
presumption in favor of joint custody if both parents agree
36-6-101.
Decree for custody and support of child
(2) Except as provided in the following sentence, neither a preference nor a presumption for or against joint legal custody, joint physical custody or sole custody is established, but the court shall have the widest discretion to order a custody arrangement that is in the best interest of the child. Unless the court finds by clear and convincing evidence to the contrary, there is a presumption that joint custody is in the best interest of a minor child where the parents have agreed to joint custody or so agree in open court at a hearing for the purpose of determining the custody of the minor child. For the purpose of assisting the court in making a determination whether an award of joint
custody is appropriate, the court may direct that an investigation be conducted. The burden of proof necessary to modify an order of joint custody at a subsequent proceeding shall be by a preponderance of the evidence.
http://www.gocrc.com/
If the final decree does not prohibit the custodial parent from removing the children from the state where the court having jurisdiction over the divorce matter is located, the custodial parent may move along with the children to another state as long as the move is not motivated solely by vindictiveness or other inappropriate reason on the part of the custodial parent. The custodial parent is obligated to file a petition with the court requesting a modification of the previous visitation arrangement. In responding to this petition, the non-custodial parent may attempt to contest the move if the non-custodial parent can show that the move is occurring out of vindictiveness or solely to defeat the non-custodial parent's visitation rights. If the court has ordered that the children not be removed from the state, you may enforce the court order by filing a petition for contempt requesting relief from the court.
Both the petition for contempt and the petition to modify usually require the help of an attorney. Generally, you will be held responsible for your own attorney fees and expenses, although in some instances, the court orders the other parent to pay all of the attorney fees and expenses.
http://www.tba.org/LawBytes/T8_1709.html
TENNESSEE
presumption in favor of joint custody if both parents agree
36-6-101.
Decree for custody and support of child
(2) Except as provided in the following sentence, neither a preference nor a presumption for or against joint legal custody, joint physical custody or sole custody is established, but the court shall have the widest discretion to order a custody arrangement that is in the best interest of the child. Unless the court finds by clear and convincing evidence to the contrary, there is a presumption that joint custody is in the best interest of a minor child where the parents have agreed to joint custody or so agree in open court at a hearing for the purpose of determining the custody of the minor child. For the purpose of assisting the court in making a determination whether an award of joint
custody is appropriate, the court may direct that an investigation be conducted. The burden of proof necessary to modify an order of joint custody at a subsequent proceeding shall be by a preponderance of the evidence.
http://www.gocrc.com/
If the final decree does not prohibit the custodial parent from removing the children from the state where the court having jurisdiction over the divorce matter is located, the custodial parent may move along with the children to another state as long as the move is not motivated solely by vindictiveness or other inappropriate reason on the part of the custodial parent. The custodial parent is obligated to file a petition with the court requesting a modification of the previous visitation arrangement. In responding to this petition, the non-custodial parent may attempt to contest the move if the non-custodial parent can show that the move is occurring out of vindictiveness or solely to defeat the non-custodial parent's visitation rights. If the court has ordered that the children not be removed from the state, you may enforce the court order by filing a petition for contempt requesting relief from the court.
Both the petition for contempt and the petition to modify usually require the help of an attorney. Generally, you will be held responsible for your own attorney fees and expenses, although in some instances, the court orders the other parent to pay all of the attorney fees and expenses.
http://www.tba.org/LawBytes/T8_1709.html
Concerned Wife
Well the mother has Primary Physcial Custody what does that mean? Also she just moved last August and would not tell us her location so we Hired a private investigator to find Her. She refused to file a petition last time or this time for her move we have had to file on Her both times we just did this past Friday She said she would not file and she was moving if we did not so we had no choice but to file one.
She is still upset over the fact my Husband got every other weekend She only wanted Him to have His son Saturday to Sunday She said we did not give Her time for Homework or other stuff. I'm hoping our chances will be good since she has lied so much and had such a bad past about moving and visits.
Well the mother has Primary Physcial Custody what does that mean? Also she just moved last August and would not tell us her location so we Hired a private investigator to find Her. She refused to file a petition last time or this time for her move we have had to file on Her both times we just did this past Friday She said she would not file and she was moving if we did not so we had no choice but to file one.
She is still upset over the fact my Husband got every other weekend She only wanted Him to have His son Saturday to Sunday She said we did not give Her time for Homework or other stuff. I'm hoping our chances will be good since she has lied so much and had such a bad past about moving and visits.
B
bradybunchmom
Guest
shes bordering on contempt
tough she needs to get over it. he has the right to see his child. sounds to me like she wavering of being in contempt of court, and could lose custody. every other weekend is usually what ncp's get. if i were him, go ahead and file for custody, since shes shown a pattern of interfering with visitation.
tough she needs to get over it. he has the right to see his child. sounds to me like she wavering of being in contempt of court, and could lose custody. every other weekend is usually what ncp's get. if i were him, go ahead and file for custody, since shes shown a pattern of interfering with visitation.
Concerned Wife
We did file a petition Friday for change of custody if she moves were hoping they will deny her moving but she is pregnant by her current Husband who is in the military and was transferred to lexington ky. Last time we went to cour tshe had cancelled on us 21 times and that is when we were just getting Him on Saturday from 9-5. We have spent $6000.00 on this since November. They did not do nothing to her for the contempt last time because they settled on the current parenting plan which was done in March and now she is changing it again.
We did file a petition Friday for change of custody if she moves were hoping they will deny her moving but she is pregnant by her current Husband who is in the military and was transferred to lexington ky. Last time we went to cour tshe had cancelled on us 21 times and that is when we were just getting Him on Saturday from 9-5. We have spent $6000.00 on this since November. They did not do nothing to her for the contempt last time because they settled on the current parenting plan which was done in March and now she is changing it again.
Concerned Wife
We are not sure what kind of parenting plan to do if She is allowed to move to Ky it is 270 miles from us. We just want to make sure we do the right thing and not sound stupid in front of the courts. My Husband is also wondering if His chances of Joint Physical Custody is possible if She is allowed to go? We don't want Her going She is so secretive She hides everything from us. All my Husband wants is to be a Father if She would just give Him a chance. Now that She's pregnant She just wants to move on with Her new family. All of my Husband's Son's family lives up here in the same town with us. My Husband, His parents, Her parents, Cousins everyone is up here. Hopefully it will work out for us.
We are not sure what kind of parenting plan to do if She is allowed to move to Ky it is 270 miles from us. We just want to make sure we do the right thing and not sound stupid in front of the courts. My Husband is also wondering if His chances of Joint Physical Custody is possible if She is allowed to go? We don't want Her going She is so secretive She hides everything from us. All my Husband wants is to be a Father if She would just give Him a chance. Now that She's pregnant She just wants to move on with Her new family. All of my Husband's Son's family lives up here in the same town with us. My Husband, His parents, Her parents, Cousins everyone is up here. Hopefully it will work out for us.
Military moves are usually allowed by the courts. Sorry to say so...if she was just moving because she wanted to, it would be easier to fight. But since she is married and her husband is being moved because of the military- that is a valid reason to re-locate.barrett21 said:
When a parent moves out of state- visitation changes. Check your states family code re; a 'typical' example of out of state visitation. Depending on the parties ability to pay for travel expenses, it usually ends up being something like: Alternating holidays, summer/spring break etc.
Do you have an attorney?
Concerned Wife
Yes we have an attorney we have used Him since November of last Year on this case. We just modified the new parenting plan in March. We wouldn't even mind the move but She hides from us like I said when She moved last August we had to hire a Private Investigator to find Her to take Her to court. And also Her Husband was to be discharged but He reinlisted for 8 years knowing we had done been to court just in March because of the last move so far away without Her letting us know. I just think they got upset because my Husband got every other weekend and this was the only thing they could think of to get out of state. Her intentions are bad and I feel so bad for my Husband because I know if they let Her go She will either dissappear or not follow the new plan they set up once She is there.
We were just hoping because of Her behavior Her hiding and not being so good with visits that they would not allow the move. We still filed the petition on Her last Friday for change of custody if She moves.
Yes we have an attorney we have used Him since November of last Year on this case. We just modified the new parenting plan in March. We wouldn't even mind the move but She hides from us like I said when She moved last August we had to hire a Private Investigator to find Her to take Her to court. And also Her Husband was to be discharged but He reinlisted for 8 years knowing we had done been to court just in March because of the last move so far away without Her letting us know. I just think they got upset because my Husband got every other weekend and this was the only thing they could think of to get out of state. Her intentions are bad and I feel so bad for my Husband because I know if they let Her go She will either dissappear or not follow the new plan they set up once She is there.
We were just hoping because of Her behavior Her hiding and not being so good with visits that they would not allow the move. We still filed the petition on Her last Friday for change of custody if She moves.
Filing is still a good idea...You have to try at least.barrett21 said:
I'm very sorry your husband is going through this- It's a shame.
If/When she is allowed to move, if she doesn't follow the court order- Make sure your husband knows to file a police report so he can file contempt of court order. Initially they don't always penalize (maybe in her case considering her past, they will) but they will definately order her to comply...If she still doesn't cooperate- file again. Eventually she will risk fines, jail time or loss of custody. I hope you two will keep on this- She needs to have some consequences for her actions to keep this child from her father.
Good Luck to you all.
Concerned Wife
Yes my Husband knows that every time She don't follow the plan to file a report we have to basically beg the Police to do it. Currently we pick up at a jail so if She don't show we go in and get a no show paper filled out. A big part of me thinks they will let Her go I'm almost sure they will but I don't tell my Husband because I know it will break His heart to see Him go so far away. The last time we were in court the judge seemed irritated that She took us to court for the first court order then there we were taking Her to court because She broke it. Were hoping they at least scare Her or we were hoping to get some sort of stipulation on the move to assure us She will have to follow the parenting plan once She is in another jurisdiction. Back when Her and my Husband was trying to work it out the only thing He asked for was for TN to keep jurisdiction and She said no way She would ever agree to it. Now if She didn't have bad intention why would it bother her? Everything with Her is a lie.
Yes my Husband knows that every time She don't follow the plan to file a report we have to basically beg the Police to do it. Currently we pick up at a jail so if She don't show we go in and get a no show paper filled out. A big part of me thinks they will let Her go I'm almost sure they will but I don't tell my Husband because I know it will break His heart to see Him go so far away. The last time we were in court the judge seemed irritated that She took us to court for the first court order then there we were taking Her to court because She broke it. Were hoping they at least scare Her or we were hoping to get some sort of stipulation on the move to assure us She will have to follow the parenting plan once She is in another jurisdiction. Back when Her and my Husband was trying to work it out the only thing He asked for was for TN to keep jurisdiction and She said no way She would ever agree to it. Now if She didn't have bad intention why would it bother her? Everything with Her is a lie.
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