Moving from WA to CA with interesting custody agreement

[JuliaPauline08]

What is the name of your state (only U.S. law)? Washington State

My husband and I are playing with the idea of moving to central California (where he is from). We are seeing what jobs are available in the area and looking at housing.

My parenting plan currently states that my children's father is to receive one monthly supervised visit with our girls, on the first Wednesday of the month (we have mutually agreed outside of court to move this to the first Saturday as our 4 year old has ballet on Wednesdays). He has a founded CPS report for abuse and neglect of our 3 year old.

I was wondering how likely it would be that I could get his visitation either cancelled completely (he is verbally abusive to me in front of the children and my husband during these visits), or what a "fair" agreement might be to propose. Also, I need to know if he can legally prevent me from moving out of state with the kids?

Thanks in advance!

 

[LdiJ]

What is the name of your state (only U.S. law)? Washington State

My husband and I are playing with the idea of moving to central California (where he is from). We are seeing what jobs are available in the area and looking at housing.

My parenting plan currently states that my children's father is to receive one monthly supervised visit with our girls, on the first Wednesday of the month (we have mutually agreed outside of court to move this to the first Saturday as our 4 year old has ballet on Wednesdays). He has a founded CPS report for abuse and neglect of our 3 year old.

I was wondering how likely it would be that I could get his visitation either cancelled completely (he is verbally abusive to me in front of the children and my husband during these visits), or what a "fair" agreement might be to propose. Also, I need to know if he can legally prevent me from moving out of state with the kids?

Thanks in advance!

It would be almost impossible, under the circumstances, for him to prevent you from relocating with the children. He is not suitable to take custody himself. However, you would likely be held to maintain the monthly supervised visits...even if those visits end up being supervised by someone other than you. Are you prepared to travel to WA once a month?

 

[Proserpina]

That, and WA places the burden of proof on the non-relocating parent.

 

[Proserpina]

Ah.

This Mom has been trying to get rid of Dad for quite some time. None of it has worked yet.

 

[Zigner]

Why in the WORLD would the current husband be present during visitations?

 

[stealth2]

What is the distance you are moving (from your original location, not from where you moved to <a year ago)?

 

[CJane]

Ah.

This Mom has been trying to get rid of Dad for quite some time. None of it has worked yet.

I don't know that I read it that way. Obviously, there are some pretty serious issues with Dad's fitness if he's had once monthly supervised visitation for over a year.

But, traveling from central CA to WA once/month is going to be pricey.

 

[Proserpina]

I don't know that I read it that way. Obviously, there are some pretty serious issues with Dad's fitness if he's had once monthly supervised visitation for over a year.

But, traveling from central CA to WA once/month is going to be pricey.

I don't think he's got a cat in hell's chance. But, this isn't the first time for OP. Heck, I can actually understand why she's doing what she's doing - it's just that there are only so many ways you can skin a cat and if she can't get visitation stopped entirely, I do think she needs to watch her step.

 

[JuliaPauline08]

Why in the WORLD would the current husband be present during visitations?

I have a third party - whether it be my husband, or a friend, or my mother, present as he (my ex) has a history of domestic violence against me in the presence of the children and I would like a witness were anything to take place. I don't see why that's relevant, though.

 

[JuliaPauline08]

Ah.

This Mom has been trying to get rid of Dad for quite some time. None of it has worked yet.

Last time I posted it was about the likelihood of me getting the proposed parenting plan, nearly a year ago (which I got by default because he failed to appear for the court date).

I want my children to have a relationship with their father; however, I want it to be safe and positive and I know he cannot be either of those things unsupervised. I am not trying to "get rid" of him. He has gotten rid of himself by choosing to only play daddy his one day a month -- no phone calls, no queries as to their well being, no requests for photos... Nothing.

 

[JuliaPauline08]

What is the distance you are moving (from your original location, not from where you moved to <a year ago)?

It is 922 miles by car (755 actual miles) from where I lived previously to where we want to relocate.

 

[LdiJ]

It is 922 miles by car (755 actual miles) from where I lived previously to where we want to relocate.

That is going to be a heck of an expensive distance to travel once a month. You really need to think this through. The last thing that you want is for the judge to lift the supervision to accommodate dad having more long distance style visitation. Since you got your current orders by default rather than merit, that would be a very real risk.

 

[Zigner]

I have a third party - whether it be my husband, or a friend, or my mother, present as he (my ex) has a history of domestic violence against me in the presence of the children and I would like a witness were anything to take place. I don't see why that's relevant, though.

Why in the world are YOU there during his visitation? I get it - it's required to be supervised. But not by YOU.

 

[Silverplum]

I have a third party - whether it be my husband, or a friend, or my mother, present as he (my ex) has a history of domestic violence against me in the presence of the children and I would like a witness were anything to take place. I don't see why that's relevant, though.

You don't? We do.

 

[LdiJ]

Why in the world are YOU there during his visitation? I get it - it's required to be supervised. But not by YOU.

Well, we don't know exactly what the order said.