Joint custody/primary placement/relocation of the parent w/out primary placement

[mountain mover]

What is the name of your state? WI

My ex has transferred employment to Mo, and we have joint custody and I have primary placement. I am also receiving support as stipulated in the support order. We have medical/dental, under the job. The custody order stated that we could not move the child 150 miles w/out the agreement from the other parent. The visitation was set up, so that the child can see the other parent whenever, they schedule. (ex: everyday, or 1 night a week, weekends, school breaks etc)

1) Do we need to go to the courts to express what is going on, seeing that the visitation orders would not be fulfilled, but 2 weekends a month, when now it is at leat 3 days a week, and contact by phone everyday.

2) Will this stipulation be null and void, because the agreement will be breeched?

3)Would my support payments change, based upon the fact of the move to a different state.

4) would my ex be held in contempt, even though the child is placed w/me?

5) If I decided to relocate, to the same state, would we need to contact the courts? would support benefits change?(for the sake of the child/and co-parenting w/out conflicts)

6) If i decided to relocate, to the Fl keys, would I still need to contact the courts, would my support change, or does the other parent have rights to stop me?


Please advise, as I am curious as to what I need to do, to progress progress further.

 

[LdiJ]

What is the name of your state? WI

My ex has transferred employment to Mo, and we have joint custody and I have primary placement. I am also receiving support as stipulated in the support order. We have medical/dental, under the job. The custody order stated that we could not move the child 150 miles w/out the agreement from the other parent. The visitation was set up, so that the child can see the other parent whenever, they schedule. (ex: everyday, or 1 night a week, weekends, school breaks etc)

1) Do we need to go to the courts to express what is going on, seeing that the visitation orders would not be fulfilled, but 2 weekends a month, when now it is at leat 3 days a week, and contact by phone everyday.

It depends on exactly what your order says, however, from the way that you have described it, it sounds like it says something along the lines of reasonable/liberal visitation, which wouldn't absolutely require you to modify the order to deal with long distance. Its probably best/most practical to modify it, but it would not be required.
However....WI to MO every other weekend may be more ambitious than is reasonably practical. That much travel would be rough on the child.

2) Will this stipulation be null and void, because the agreement will be breeched?

Again, if the above assumptions are correct then no, it wouldn't necessarily be null and void, or breeched. Reasonable/liberal can be adjusted to account for distance without neccesarily involving the courts.

3)Would my support payments change, based upon the fact of the move to a different state.

Possibly, it depends on what kind of credits, if any, the ncp receives for parenting time.

4) would my ex be held in contempt, even though the child is placed w/me?

No, the ncp doesn't have primary custody therefore the ncp is not moving the child.

5) If I decided to relocate, to the same state, would we need to contact the courts? would support benefits change?(for the sake of the child/and co-parenting w/out conflicts)

It would certainly be generous of you to also move to the same area. You don't have to do that. Yes, its possible that support etc., could change. Not guaranteed, just possible.

6) If i decided to relocate, to the Fl keys, would I still need to contact the courts, would my support change, or does the other parent have rights to stop me?

It would be tough for the other parent to stop you if the other parent no longer lives in your home state. The other parent could certainly argue that you moving to the FL keys creates a greater hardship in maintaining the parent child relationship, but it would still be hard for the other parent to require you to live in WI if the other parent doesn't live there.

There is also the issue of transportation for visitation. With the other parent moving from WI to MO the burden of paying the cost of transportation should be placed on the moving parent.

However, if you move to the FL keys its quite likely that the burden of transportation costs would be placed on you. Even one weekend a month wouldn't be reasonably possible (unless you are very well off and can provide airfare regularly).

Go get yourself a consult with a local attorney, with your agreement in hand.