Help Please CP Relocating

[lamommy]

What is the name of your state? CA

CP recently informed me that they will be moving 54 miles away from where I live.

The previous distance between our homes was 39.03miles.

I am assuming that this will mean that we will have to modify the visitation schedule whereby my daughter will now spend less time in my care.

Our current schedule is:-
Friday after school - Monday & alternate weeks during summer and other holidays

How is a judge likely to rule on a case like this? I am assuming they would change it so my daughter would either be with me Sat am - Sun pm or Friday pm - Sun pm

I have always been involved in my daughters life and the thought of this happening is really hurting right now. Any advise you can offer would be great.

Thanks

 

[stealth2]

I'm not sure that an extra 15 miles warrants changing the visitation - even in CA.

 

[CJane]

Sounds awfully familiar...

As long as you can still get the child to school on Monday morning, why would anything need to change?

 

[lamommy]

According to the guideline listed on the LA Superior Court website even the previous distance was too far.

It takes approx 40mins to get her to school presently. Due to the high traffic adding another 15miles may increase that journey to over an hour.

Additionally CP has been trying very hard for the past year or so to have me give up another day. The only reason provided thus far was that the teachers stated my daughter was tired. When we spoke to the teacher she said that was not the case, my daughter is always alert in class.

I suspect that this is more about trying to increase the amount of child support because in this time CP has made several requests for more money even though I have been overpaying for over a year now. (This is due to CP now working and earning significantly more, increase in time she spends in my care and reduction in daycare costs)

Saying this I expect her to go to court to try and modify the visitation schedule and I am just concerned that the judge may uphold such a change due to the change in travel time.

 

[lamommy]

Sorry I am not sure what you mean by OP

 

[GrowUp!]

According to the guideline listed on the LA Superior Court website even the previous distance was too far.

It takes approx 40mins to get her to school presently. Due to the high traffic adding another 15miles may increase that journey to over an hour.

Additionally CP has been trying very hard for the past year or so to have me give up another day. The only reason provided thus far was that the teachers stated my daughter was tired. When we spoke to the teacher she said that was not the case, my daughter is always alert in class.

I suspect that this is more about trying to increase the amount of child support because in this time CP has made several requests for more money even though I have been overpaying for over a year now. (This is due to CP now working and earning significantly more, increase in time she spends in my care and reduction in daycare costs)

Then how come you haven't filed for a modification in child support? IN the meantime, tell her to curtail her expenses. Child support isn't sometihng a parent can simply have increased on a whim.

Saying this I expect her to go to court to try and modify the visitation schedule and I am just concerned that the judge may uphold such a change due to the change in travel time.

Just to clarify...would she be moving to make the TOTAL distance 54 miles or an ADDITIONAL 54 miles (on top of the 39 miles)??

She just can't "up and leave" with the child without following proper legal procedure. Once she does, you then have a right to object to the move. Remember, the burden would be on HER to prove the move is in the best interest of the child. You need to stand your ground with FACTS (and poss. case law).

 

[lamommy]

It would be 54 miles distance total.

Also havent gone back to court because every time we do my daughter gets dragged into it by the CP and I just wanted to avoid the hassle.

 

[GrowUp!]

It would be 54 miles distance total.

Also havent gone back to court because every time we do my daughter gets dragged into it by the CP and I just wanted to avoid the hassle.

Tell her, in writing, that you will agree to the move ONLY IF:

- she is responsible for ALL additional traveling and costs incurred
- (increase your parenting time...add more days to holidays...maybe another week or two during the summer...all extended weekends: MLK and the such).

If not, then you object to her moving and it will have to go to court.

Do NOT mention child support issues. You should simply file a Mod on that separately. You should not be paying more than the guidelines...

 

[CJane]

According to the guideline listed on the LA Superior Court website even the previous distance was too far.

It takes approx 40mins to get her to school presently. Due to the high traffic adding another 15miles may increase that journey to over an hour.

An hour or so 4 mornings a month? Sorry, I just don't think it's that big of a deal. I live in a rural area, and it's not uncommon for kids to spend an hour to an hour and a half on the bus EVERY morning.

IF it's possible for you to get the child to school on Mondays, then don't try to change the plan. It would be up to the CP to file to change the plan, and CP would have to prove that it is in the child's best interest to spend less time with you. Which is more difficult to prove than one would imagine.

Child support is a completely seperate issue.

 

[lamommy]

Thank you so much CJ & Grown Up. I have been so stressed out becase of this whole thing. I feel a little more at ease now.

Thanks again.

 

[casa]

What is the name of your state? CA

CP recently informed me that they will be moving 54 miles away from where I live.

The previous distance between our homes was 39.03miles.

I am assuming that this will mean that we will have to modify the visitation schedule whereby my daughter will now spend less time in my care.

Our current schedule is:-
Friday after school - Monday & alternate weeks during summer and other holidays

How is a judge likely to rule on a case like this? I am assuming they would change it so my daughter would either be with me Sat am - Sun pm or Friday pm - Sun pm

I have always been involved in my daughters life and the thought of this happening is really hurting right now. Any advise you can offer would be great.

Thanks

A move of 15 miles won't change a thing...unless the commute time impeded your ability to get to work on time or the child's ability to get to school on time (which both can be remedied by waking earlier).

Child Support is a different animal and Mom decreasing her income does not = your support increasing.