Lack of "Family Support"?

[sudofdisk]

What is the name of your state? Collorado

My wife and I are separated and might be headed for Divorce. We have a parenting plan and for the last three months the kids have been spending roughly the same number of overnights at each parents house. Her family lives out of state and I was worried about her leaving with the kids until she signed the parenting plan. Once that was done I figured I had nothing to worry about anymore. Now I hear that one of her parents is telling her that she can petittion the court to allow her to move closer to them based on a lack of family support in the local area.

Is this true? How likely is a judge to allow her to move our kids away from me? Is there anything I can do as a preventative measure? I have paid Child Support every month and intend to continue, in fact I pay well over what the worksheet for Colorado requires given our respective incomes. My biggest fear in this process is losing my kids, I thought I could put that behind me, how worried should I be?

 

[majomom1]

What is the name of your state? Collorado

My wife and I are separated and might be headed for Divorce. We have a parenting plan and for the last three months the kids have been spending roughly the same number of overnights at each parents house. Her family lives out of state and I was worried about her leaving with the kids until she signed the parenting plan. Once that was done I figured I had nothing to worry about anymore. Now I hear that one of her parents is telling her that she can petittion the court to allow her to move closer to them based on a lack of family support in the local area.

Is this true? How likely is a judge to allow her to move our kids away from me? Is there anything I can do as a preventative measure? I have paid Child Support every month and intend to continue, in fact I pay well over what the worksheet for Colorado requires given our respective incomes. My biggest fear in this process is losing my kids, I thought I could put that behind me, how worried should I be?

She can petition the court, and you can object to the move. How old are the kids? The courts will look at the best interest of the children and your time with them is a huge factor in their best interest. Courts don't like to see the kids separated from either parent.

Do you have family there local? They may consider her lack of family support - but they will also look at family on your side as well.

 

[sudofdisk]

She can petition the court, and you can object to the move. How old are the kids? The courts will look at the best interest of the children and your time with them is a huge factor in their best interest. Courts don't like to see the kids separated from either parent.

Do you have family there local? They may consider her lack of family support - but they will also look at family on your side as well.

The kids are 3 and 6. Neither of us have family here, mine is on one coast, hers the other.

 

[majomom1]

The kids are 3 and 6. Neither of us have family here, mine is on one coast, hers the other.

Stick around. Silverplum is our Senior from Colorado... In the meantime, you can google for custody in CO and find all the factors. Lack of family support is only one possible reason - she would have to show how that move would be in the best interest of the children.

Silver also hates move aways that create a hardship for one parent to see their kids!

I found this link: start here! http://www.coloradodivorceinfo.com/child-custody/relocatingwithachild.htm

 

[sudofdisk]

Stick around. Silverplum is our Senior from Colorado... In the meantime, you can google for custody in CO and find all the factors. Lack of family support is only one possible reason - she would have to show how that move would be in the best interest of the children.

Silver also hates move aways that create a hardship for one parent to see their kids!

I found this link: start here! http://www.coloradodivorceinfo.com/child-custody/relocatingwithachild.htm

Thank you majomom1 while waiting for Silverplum reading that link put my mind at ease a bit.

 

[majomom1]

Thank you majomom1 while waiting for Silverplum reading that link put my mind at ease a bit.

Your welcome. Silver is on regularly... so should be here soon!

 

[fairisfair]

Your welcome. Silver is on regularly... so should be here soon!

I dunno WHERE she is. She has been MIA for TWO days now.

 

[majomom1]

Hmmm... no Silver? Must be on vacation or something.

Sudo - try here: http://www.michie.com/colorado/lpext.dll?f=templates&fn=main-h.htm&cp=

You might also search these threads. I think I remember Silver saying that CO has a good Family Court System, which that link confirms. It will at least get you started and you can call your County Court and find out what information is available there. Research it and see what you find, then do a consult with an attorney. That is usually fairly inexpensive, then you know what steps you can take.

 

[profmum]

What is the name of your state? Collorado

My wife and I are separated and might be headed for Divorce. We have a parenting plan and for the last three months the kids have been spending roughly the same number of overnights at each parents house. Her family lives out of state and I was worried about her leaving with the kids until she signed the parenting plan. Once that was done I figured I had nothing to worry about anymore. Now I hear that one of her parents is telling her that she can petittion the court to allow her to move closer to them based on a lack of family support in the local area.

Is this true? How likely is a judge to allow her to move our kids away from me? Is there anything I can do as a preventative measure? I have paid Child Support every month and intend to continue, in fact I pay well over what the worksheet for Colorado requires given our respective incomes. My biggest fear in this process is losing my kids, I thought I could put that behind me, how worried should I be?

Not very likely, although moves are allowed, her reasons are not compelling, since you are actively involved in the kids lives. CO courts (or at least my experience with them) are very fair. CS has nothing to do with the move. However, the courts will entertain her petition if she should choose to file one, there is nothing you can do as preventive measure and if you have not filed for divorce, she can take the kids and move out of state just like you can. Will not look good for her, so I suggest you get moving ASAP.

 

[LdiJ]

What is the name of your state? Collorado

My wife and I are separated and might be headed for Divorce. We have a parenting plan and for the last three months the kids have been spending roughly the same number of overnights at each parents house. Her family lives out of state and I was worried about her leaving with the kids until she signed the parenting plan. Once that was done I figured I had nothing to worry about anymore. Now I hear that one of her parents is telling her that she can petittion the court to allow her to move closer to them based on a lack of family support in the local area.

Is this true? How likely is a judge to allow her to move our kids away from me? Is there anything I can do as a preventative measure? I have paid Child Support every month and intend to continue, in fact I pay well over what the worksheet for Colorado requires given our respective incomes. My biggest fear in this process is losing my kids, I thought I could put that behind me, how worried should I be?

If the parenting plan gives you roughly the same amount of time with the kids, it would be quite difficult for her to get the court's permission to move with the children, over your objection. Its not absolutely guaranteed, if she technically has primary residential custody, but it would be very difficult.

 

[FITFatherof2]

I could see if she were a single mother wanting to move to be closer to family, but it seems that there is family support right where she is, you. The mother was not too concerned about family support when the two of you were together. Other than changing residences, what has really changed? If she needs support, you are just a phone call away. This tactic was tried against me, and the courts did not buy it. I hope you meet the same success.

In another aspect it seems that she is almost admitting that she cannot take care of the kids on her own. If she chooses to move closer to her family in order to supplement her own shortcomings as a parent, I would file for custody. Why should you, as a father, have to sacrifice being involved with your children because she cannot do it on her own?

I started doing this on my own when my kids were 1 and 3, they are now 7 and 9. You can do this on your own, and so could she, this is no more than an excuse. I would fight this with everything I have. Good luck to you.

 

[sudofdisk]

Thank you all, some good advice is given in this thread and it has set my mind at ease. So far things are amicable and we are trying to be good co-parents, but money issues are a constant concern for her and I want to make sure I have all my ducks in a row if she were to buckle under the pressure.

 

[CJane]

Hmmm... no Silver? Must be on vacation or something.

Impossible. I didn't receive, nor approve, a vacation request affidavit.

 

[majomom1]

Impossible. I didn't receive, nor approve, a vacation request affidavit.

Man is she in trouble when she returns!!!

 

[Ohiogal]

As Quidditch Captain, I believed that was under my list of responsibilities and I gave her the time off. She will be back soon.