Moving out of state for family

[gibbins]

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

My fiance and her Ex moved to Utah from their home in Texas and then shortly after they arrived here her ex had an affair and caused them to get a divorce. She feels stuck now and here without any family. All family both on her's and the child's fathers side are in the city in Texas that she wants to move back to. There is no paternal family in Utah on either side.

She would like to move back there so that her son can be with his family and so she can have family support.

The father is unwilling to move back to Texas because his new girlfriend wont allow it. He has proven many times to be unwilling to be accommodating to any needs of the mother and not spending any time with his son on his weeks.

The current agreement is full joint custody 50-50 one week on one week off. But now with this she is willing to offer him summers and every other Christmas with the child.

We feel that having the childs' paternal family and not the family of his girlfriend will be beneficial to the child as well as being able to grow up where his parents did aswell as going to the same high rated schools.

Do we seem to have a good case here or what do you think we would need to assist in this case.

We have a lot more in the regards of how un reasonable and controlling his father is being as well as harassment from his girlfriend but I have a feeling that will open a whole other floor gate if we go in there with that case instead of just a simple move. But we do have that as well as proof if needed.

 

[Zigner]

She would like to move back there so that her son can be with his family...

The child's father IS his family

 

[Silverplum]

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

My fiance and her Ex moved to Utah from their home in Texas and then shortly after they arrived here her ex had an affair and caused them to get a divorce. She feels stuck now and here without any family. All family both on her's and the child's fathers side are in the city in Texas that she wants to move back to. There is no paternal family in Utah on either side.

She would like to move back there so that her son can be with his family and so she can have family support.

The father is unwilling to move back to Texas because his new girlfriend wont allow it. He has proven many times to be unwilling to be accommodating to any needs of the mother and not spending any time with his son on his weeks.

The current agreement is full joint custody 50-50 one week on one week off. But now with this she is willing to offer him summers and every other Christmas with the child.

We feel that having the childs' paternal family and not the family of his girlfriend will be beneficial to the child as well as being able to grow up where his parents did aswell as going to the same high rated schools.

Do we seem to have a good case here or what do you think we would need to assist in this case.

We have a lot more in the regards of how un reasonable and controlling his father is being as well as harassment from his girlfriend but I have a feeling that will open a whole other floor gate if we go in there with that case instead of just a simple move. But we do have that as well as proof if needed.

Quite simply, there is no "we" in this situation, legally.

 

[Proserpina]

Dad currently enjoys 1 week off/1 week on?

It's going to be nigh on impossible for Mom to justify such a drastic change in his visitation.

How about she leaves the kids with Dad and then she'll be free to relocate wherever she wishes?

 

[gibbins]

Let me add a little here

I understand that there is no true WE here until her and I get married which will be here soon so he will be my step son.

Let me add a little more info here to hopeful get someone here to understand where I am coming from. The father in this situation is very hands off. The weeks that the child is with his father the father is off playing, snow boarding, working, drinking with friends, going to basket ball games and is never home, he leaves his 7 year old son with his girlfriend or girlfriends family there have also been times that he leaves him home alone.

We have spoken on how we do not agree with this and he will get verbally violent with us and he has even attempted to attack the mother at her home by not allowing her to close her front door and attempted to force his way in the home.

His girlfriend has consistently harassed the mother with text messages and phone calls (That we have recorded). Whenever there is a situation where the father want to go do something and actually leaves his son with us we ensure (and he demands) that we get him his time back that he lost. On ever occasion where we have needed him to watch him he refuses to allow us to have him back and continues to yell and curse at us saying how stupid we are. Most recently her father had passed and we had to fly out to his funeral and since we didn't want to interfere with school her son stayed with his father. His father left him with his girlfriend the whole time while he went off and played and now refuses to allow her to see him again until the next week since he did not see him.

My claims here are not in any attempt to hurt the father but to offer a better situation for her son where he can be with family and not a father who is never home.

 

[Silverplum]

I understand that there is no true WE here until her and I get married which will be here soon so he will be my step son.

Still there will be no legal "we."

Let me add a little more info here to hopeful get someone here to understand where I am coming from. The father in this situation is very hands off. The weeks that the child is with his father the father is off playing, snow boarding, working, drinking with friends, going to basket ball games and is never home, he leaves his 7 year old son with his girlfriend or girlfriends family there have also been times that he leaves him home alone.

We have spoken on how we do not agree with this and he will get verbally violent with us and he has even attempted to attack the mother at her home by not allowing her to close her front door and attempted to force his way in the home.

His girlfriend has consistently harassed the mother with text messages and phone calls (That we have recorded). Whenever there is a situation where the father want to go do something and actually leaves his son with us we ensure (and he demands) that we get him his time back that he lost. On ever occasion where we have needed him to watch him he refuses to allow us to have him back and continues to yell and curse at us saying how stupid we are. Most recently her father had passed and we had to fly out to his funeral and since we didn't want to interfere with school her son stayed with his father. His father left him with his girlfriend the whole time while he went off and played and now refuses to allow her to see him again until the next week since he did not see him.

My claims here are not in any attempt to hurt the father but to offer a better situation for her son where he can be with family and not a father who is never home.

Still none of your business. Still not your right to put on the internet. Still not your son. Still not your legal case.

I'm hoping if I put that out there, "someone" will understand.

 

[Proserpina]

I understand that there is no true WE here until her and I get married which will be here soon so he will be my step son.

Nope, it still won't be a "we" situation.

Let me add a little more info here to hopeful get someone here to understand where I am coming from. The father in this situation is very hands off. The weeks that the child is with his father the father is off playing, snow boarding, working, drinking with friends, going to basket ball games and is never home, he leaves his 7 year old son with his girlfriend or girlfriends family there have also been times that he leaves him home alone.

I'm sure that's your perception, yes.

We have spoken on how we do not agree with this and he will get verbally violent with us and he has even attempted to attack the mother at her home by not allowing her to close her front door and attempted to force his way in the home.

Not going to matter.

His girlfriend has consistently harassed the mother with text messages and phone calls (That we have recorded). Whenever there is a situation where the father want to go do something and actually leaves his son with us we ensure (and he demands) that we get him his time back that he lost. On ever occasion where we have needed him to watch him he refuses to allow us to have him back and continues to yell and curse at us saying how stupid we are. Most recently her father had passed and we had to fly out to his funeral and since we didn't want to interfere with school her son stayed with his father. His father left him with his girlfriend the whole time while he went off and played and now refuses to allow her to see him again until the next week since he did not see him.

My claims here are not in any attempt to hurt the father but to offer a better situation for her son where he can be with family and not a father who is never home.

None of this matters.

Dad currently has a literal 50/50 timeshare. That is an INCREDIBLY difficult hurdle to overcome.

Nothing you have said here would convince the court that moving would be better for the child despite Dad's time being reduced.

And seriously? All of this complaining about how little Dad pays attention? Mom realizes that she'll lose most holidays AND most of the summer, right? So she'd be fine sending kiddo to be with Dad for months at a time?

Illogical, isn't it?

 

[Zigner]

I understand that there is no true WE here until her and I get married which will be here soon so he will be my step son...
blah blah blah
...

What you FAIL to understand is that, even AFTER you get married, there is no "WE" with regard to her children.

 

[sandyclaus]

I understand that there is no true WE here until her and I get married which will be here soon so he will be my step son...

Marrying this child's mother DOES NOT give you any legal rights as it pertains to the child. If, and ONLY if, the child's father decides to give up his legal rights and allows you to adopt the child, that is the only time you will EVER have a say in what happens with this child. Unless or until that happens, you are a legal stranger with absolutely NO say in what happens. That right will remain with the LEGAL father of the child.

 

[Proserpina]

Here's the actual statute:

http://le.utah.gov/code/TITLE30/htm/30_03_003700.htm

 

[OHRoadwarrior]

For someone so horribly wronged, mom seems to have found a new ummmm marriage partner very quickly. Apparently a millionaire or one with little job prospects, since they can freely move cross country with mom.

 

[gibbins]

wow

I am surprised to see that the focus of this group is to belittle the people asking questions. This is ridiculous and I will be making complaints because people come here for advise not to be belittled.

We are all grown ups here, well I would hope so. My truest intentions is to help a child that is having to deal with a dead beat dad that takes no time for his child but instead pawns him off whenever he can to his girlfriend or even alone. That is not a perception that is what I have witnessed and what the child has told me.

If all you are wanting to do is find some way to harass or degrade those in these forums them please do not comment go about your day. I may not be this boys father I understand that but I am his step father and he is also the brother to my daughter (by blood not marriage) so I must do whatever it takes to support my family and getting information to pass along to my family is what I must do. Say whatever you must about that but that only will show your character.

My complaints will be passed to the site administrator.

 

[Ohiogal]

I am surprised to see that the focus of this group is to belittle the people asking questions. This is ridiculous and I will be making complaints because people come here for advise not to be belittled.

We are all grown ups here, well I would hope so. My truest intentions is to help a child that is having to deal with a dead beat dad that takes no time for his child but instead pawns him off whenever he can to his girlfriend or even alone. That is not a perception that is what I have witnessed and what the child has told me.

If all you are wanting to do is find some way to harass or degrade those in these forums them please do not comment go about your day. I may not be this boys father I understand that but I am his step father and he is also the brother to my daughter (by blood not marriage) so I must do whatever it takes to support my family and getting information to pass along to my family is what I must do. Say whatever you must about that but that only will show your character.

My complaints will be passed to the site administrator.

Your issues are the child does NOT have a dead beat dad -- he is exercising his time and apparently paying his support. You apparently spend time with the child so maybe your girlfriend is doing nothing more than pawning her child off on you. You are NOT his stepfather -- and even if you were, that gives you no legal rights. You are the man who sleeps with mom and apparently impregnated her outside of marriage. You are no one legally and you need to learn your legal place. The child has two parents -- of which you are NOT one. If you try to interfere with dad's relationship with HIS son, you may find yourself with court orders against you or mom losing custody completely due to your interference. And I find it ironic that you will interfere left, right and center but criticize dad for having his girlfriend involved. Hypocrite much? Learn your place legally --- LEGALLY you are NO ONE.