If it ain't one thing...

[curious123]

What is the name of your state? NY
Does it really ever end? Ok, I haven't filed to modify visitation as I had planned because as it turns out it is waaaay more costly than I had anticipated and thank GOD I have been having ALL of my children including my daughter without any issues- my daughter I have been having more often than stated in the visitation agreement so again, Thank God for small mercies. My daughter did however come over last week and tell me that they're moving to PA 'next year'. At this point, knowing my ex-wife as I do, I'm taking this seriously especially given her nature (before custody/visitation was established all the threats to leave with my kids...you'll never see your children again...blah blah blah). Now initially I felt pretty confident that there was no way that could happen since our agreement has a clause which states "The party with custody of the child/ren may not relocate beyond a 50mile radius w/o the written consent of the other party..." then I realised that a 50 mile radius can still put her in PA. My question is With EOW and 1 day EW can she move...interrupt visitation on the EW and then once I file for contempt THEN offer more vacation time etc and get away with it? The agreement just says cannot relocate; not specifically if the move would affect visitation and I know how something as minute as that could be misinterpreted. PLease let me know what I can do...my youngest son told my mother-in-law that they were moving "far,far away from daddy"....If it comes down to it I will move to PA to be near my children (it's not going to be THAT easy for her), but it puts us so far away from everything and everyone we know...including family...*sigh* I look forward to your responses.What is the name of your state?

 

[snostar]

She is required to request permission from the court to relocate the child out of state if she has physical custody. If you plan on filing a modification you can file a restraining order restricting the mother from removing the child from the state while the modification proceeds.

It is the moving parents burden to prove by a preponderance of evidence that the move serves the child's best interest. Did the relocation clause result from a stipulation or order after trial? The law is clear that relocation clauses contained in Stipulations are but one factor for the Court to consider, and are not dispositive in any way (Rheingold v. Rheingold ). An agreement is entitled to less effect than a Court's disposition after trial.

In cases where promotional opportunities afford only economic betterment, relocation is not warranted (Lavelle v. Freeman , supra; Hathaway v. Hathaway). In the absence of economic necessity a custodial parent will not be permitted to relocate with child to a distant locale (Skeval v. Skeval, citing to, Mattter of Atkinson v. Atkinson).

 

[curious123]

Thank you

Ok...good, I'm somewhat relieved. My children met with an evaluator and on her recommendation I was given visitation, but this was after she had not allowed me to see them for almost four months- foolishly, although we had established cs I hadn't put a visitation schedule into place thru the court because I really didn't think she would go that far...anyway, that doesn't qualify as a trial does it? We only went to court twice- first to put the schedule into place after they met with the evaluator and then to make it concrete a few months after. In the event that she defies the law and opts to move to PA, what legal recourse do I have? I have every intention to ENSURE that she doesn't move while I'm modifying visitation, but what if she does before I can get the resources together to start that process? Will the courts really take into consideration that I did not ok the move and then bring them back over here to me, or at least demand that she relocate or lose custody? I have seen how unfair the system can be and I just don't want to take any risks...In other words, is the penalty of doing this SO severe that she will risk losing custody of the children hands down no questions asked for this offense? That I think will be something that would prevent her from acting irrationally...and even then I won't put it below her. Thanks again Sno.