I need assistance....

[MySonsMom]

I am in need of assistance. If anyone can help I will appreciate it emensely......

I need a sample letter. The intent/notice of relocation that you send to a non custodial parent and the courts.

We will be contacting our attorney to change the visitation agreement to accommodate the relocation, but we want to send this notice asap. (before attempting to change the custody decree)

We (non custodial parent and ourselves) have already agreed upon a new schedule and she knows and has agreed to allow us to relocate. But we want to follow the process of officially sending her the certified letter (and the courts) of the move.

ANY help is appreciated. Thanks guys!

MSM

 

[I AM ALWAYS LIABLE]

Dearest MSM:

If the bio-mom has already agreed, either in writing or orally, make sure that you put something in your cover letter to the effect that since she's already agreed, that the enclosure is merely a formality. Explain that the court merely needs to know that formal notice has been sent to her, and needs the following in it's court file before a formal change in the child's living circumstances can be considered.

Again, emphasize that this is merely a formality and must, by law, be sent to her, and is by no means an "afront" to her previous written or oral agreement to the move-away.

Just remember, and you may want to use some of this wording, that if a spouse who has custody of a child wants to relocate outside the child's State of residence or more than 100 miles from his current residence, that spouse must file a notice with the court and send a copy to the other parent.

In the event she changes her mind, and files a Petition to stop her child from moving with your husband, and although the judge will not prevent the party from moving, the judge may order the custody, visitation, and support orders to be modified to reflect the new situation. The court will consider the distance, hardship and expense for the non-custodial parent to travel to visit the child at the new address.

The court might even order custody to be changed to her, the in-state resident, if the change in circumstances makes the original custody award unreasonable.


MAKE SURE THAT YOU REVIEW THE FOLLOWING WITH YOUR ATTORNEY "BEFORE YOU MAIL" ANYTHING TO HER ! !

(Place the following in proper "Pleading Format")

NOTICE OF INTENT TO MOVE
Comes the (Plaintiff)(Defendant) pursuant to (YOUR STATE CODE SECTION, HERE), and states as follows:

1. In 61 days it is my intent to move my residence to _____________, ___________ which is greater than 100 miles from your present residence.
2. The reasons for this change in residence is (check items that apply):

¤ I have been transferred by my employer.
¤ My spouse has been transferred by his/her employer.
¤ I have a new employer and have to relocate.
¤My spouse has a new employer and has to relocate.
¤ I am moving to be closer to my or my spouse's family.
¤ I am moving to a climate necessary for my or my spouse's health.
¤______________________________________________________
3. You may file a petition in opposition to the move within thirty (30) days of your receipt of this notice.
Respectfullysubmitted,

___________________________
(Plaintiff)(Defendant)


Good luck to you.

IAAL

 

[MySonsMom]

Thanks IAAL. We will write this up, and show it to our attorney and get the go ahead from him to send it on. Just to make sure....We should send a copy to her, our attorney, and the courts?? After the letter is sent, how long do we have to wait for our attorney to submit the new visitation agreement?

BTW, we do have it in writing where she has agreed to allow the relocation, and also the new visitation arrangement that we have decided upon.

Will it be as simple as our attorney drawing up the papers for the revision, and her coming to his office, signing them and then submitting them to the court? Will the court/judge look over the paperwork and sign them off or will there be a formal hearing to attend?

Thanks hon.

MSM

 

[I AM ALWAYS LIABLE]

Thanks IAAL. We will write this up, and show it to our attorney and get the go ahead from him to send it on. Just to make sure....We should send a copy to her, our attorney, and the courts?? After the letter is sent, how long do we have to wait for our attorney to submit the new visitation agreement?


MY RESPONSE: It is not a "letter". Although I said to include a "cover letter", the actual Notice must be in Pleading form. When you are done with the "Pleading" Notice, and it's in proper format, show it to your attorney. Then, with his blessing, attach a "Proof of Service" form to the end of it, and mail it to the bio-mom along with your explanatory cover letter. Then, you FILE the "Pleading" Notice with the court. Obviously, keep a copy for yourself, and if you want, mail a copy to your attorney for his file.


BTW, we do have it in writing where she has agreed to allow the relocation, and also the new visitation arrangement that we have decided upon.

MY RESPONSE: Excellent. Then she should understand the "formality" of the Notice; that you're only sending it in order to comply with your State laws.

Will it be as simple as our attorney drawing up the papers for the revision, and her coming to his office, signing them and then submitting them to the court?

MY RESPONSE: In a perfect world, yes.


Will the court/judge look over the paperwork and sign them off or will there be a formal hearing to attend?

MY RESPONSE: If there is no formal Opposition from the bio-mom, then it's just a matter of a quick hearing that your attorney will attend (possibly your husband, too) and that will be that.

CAVEAT: Just, keep in mind her previous shenanigans with you and your husband. Then last minute, pull-the-rug-out-from-underneath-you routine is still a possibility. In other words, don't hold your breath until you get new, signed, orders.

Thanks hon.

MSM

MY RESPONSE:

You're entirely welcome. Let me know how this thing is progressing.

IAAL

 

[MySonsMom]

Yes, I know what she is capable of and it actually makes me very nervous and weary of her actual intent. It's evident that she does not "want" the child, rather would continue to make life as difficult as she can for us. Pretty sad actually. But, thats the way it goes. I guess this process is more in depth than I thought. So gathering from your marvelous advice, this "form", we should obtain from our attorney. (rather then just use our own paper)

Ok, will get things situated and prepare for whatever she throws our way. I will most certainly keep you informed.

Thanks again!

MSM