NCP Moving

[3junebugs]

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

Order originated in PA, I moved to MD in 2004 and as of 2-13-12, PA relinquished jurisdiction to MD. I registered the order in MD, but wasn't official until June of this year when I could show that he was served with the registration order. No 'new' filings have occurred since.

NCP is now moving out of the county/city order originated in. He isn't moving out of state but just to another county. However the order is specific in saying "NCP's specific city residence" for drop offs and pick ups during his holiday visitation.

My questions are:

Does NCP have to notify the MD courts that he is moving/ed? If so, in what way?
Or because he doesn't live in their jurisdiction, does he have to do anything at all?
Should he be filing for a modification?
In what way (if any) does he have to notify me of his move?
Will I cause problems for myself if I just acknowledge the move by picking him up from the new address?

The order's wording is, in part:

"5. FOR FALL 2012 HOLIDAY PROVISION, AS FATHER'S DRIVER LICENSE SHOULD BE REINSTATED, HE SHALL PICK UP THE CHILD IN -MY TOWN, MD-. MOTHER SHALL PICK UP CHILD AT FATHER'S RESIDENCE IN -HIS SPECIFIC CITY- PA AT THE END OF FATHER'S CUSTODIAL PERIOD."

The reason for the specifics is because NCP would switch picks up and drop offs last minute while I had a 3 hour drive to pick our son up and a 3 hour drive back. This was done so there was no 'confusion'. Also, to clarify, our order states that we share transportation 50/50 for holidays - he is to pick up from my home and then I pick up from his home. He claims he can't because his license got suspended. So the court pressed him for when he would have it reinstated. He said Aug 2012 so that is why the order is written that way.

I (think I) know the common sense answer. But I just want to make sure if it coincides with the legal answer. Thanks!

 

[LdiJ]

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

Order originated in PA, I moved to MD in 2004 and as of 2-13-12, PA relinquished jurisdiction to MD. I registered the order in MD, but wasn't official until June of this year when I could show that he was served with the registration order. No 'new' filings have occurred since.

NCP is now moving out of the county/city order originated in. He isn't moving out of state but just to another county. However the order is specific in saying "NCP's specific city residence" for drop offs and pick ups during his holiday visitation.

My questions are:

Does NCP have to notify the MD courts that he is moving/ed? If so, in what way?
Or because he doesn't live in their jurisdiction, does he have to do anything at all?
Should he be filing for a modification?
In what way (if any) does he have to notify me of his move?
Will I cause problems for myself if I just acknowledge the move by picking him up from the new address?

The order's wording is, in part:

"5. FOR FALL 2012 HOLIDAY PROVISION, AS FATHER'S DRIVER LICENSE SHOULD BE REINSTATED, HE SHALL PICK UP THE CHILD IN -MY TOWN, MD-. MOTHER SHALL PICK UP CHILD AT FATHER'S RESIDENCE IN -HIS SPECIFIC CITY- PA AT THE END OF FATHER'S CUSTODIAL PERIOD."

The reason for the specifics is because NCP would switch picks up and drop offs last minute while I had a 3 hour drive to pick our son up and a 3 hour drive back. This was done so there was no 'confusion'. Also, to clarify, our order states that we share transportation 50/50 for holidays - he is to pick up from my home and then I pick up from his home. He claims he can't because his license got suspended. So the court pressed him for when he would have it reinstated. He said Aug 2012 so that is why the order is written that way.

I (think I) know the common sense answer. But I just want to make sure if it coincides with the legal answer. Thanks!

Parents, if they are in agreement, are allowed to deviate from the court order. There are no "custody police" that go around and arrest parents for not doing exactly what the court order states.

However, if you have a parent who is prone to make things difficult, then deviating from the court orders just gives them the opportunity to be more difficult. Common sense says that you each pick up from the other's home. However common sense may or may not be appropriate.

 

[TinkerBelleLuvr]

Does the change in residence increase/decrease/make no change in regards to pickups/dropoffs?

 

[3junebugs]

That is what I thought. NCP does fall into the "difficult" category. But on the other hand, it's just inconvienient for me because since he doesn't have to assist in the transport, this coming weekend, he will wait until last minute. It's far from the end of the world. But I just wanted to if I needed to do anything legally.

 

[3junebugs]

It is closer, but not by much. I don't know exactly where since NCP likes to be dramatic. He told our son that he will email HIM the new address like my son is the one taking himself there. :\ His father has moved in the past and would wait until last minute. He does that be disruptive. He told our son the county but not the city. My family helps with the transport, so it will be farther for them. But that's my problem.

 

[CJane]

Do you KNOW if his license has been/will be reinstated as planned?

 

[3junebugs]

Do you KNOW if his license has been/will be reinstated as planned?

I highly doubt it. It was suspended back in 2009 or 2010. He is forever claiming poverty and will say he can't afford to pay to get it reinstated. It got suspended for non-payment of parking tickets and him failing to show up for a hearing (that he claimed he never got notified of). However, he had a new baby last October, he got married in June, had a wedding and reception, is now moving to a single family home and is forever 'going' places. I just had a CS hearing for reimbursed medical where his arrears had to be upped by $300 per month to pay down his debt. So I am sure he will tell my son that is why he couldn't get a car or his license.

My son is under the impression that his step-mother is going to get a license and a car and do the transportation. However, she often watches my son while at his dads, but will not allow him to call me on her phone. Why? She does not want me to have her phone number and is fearful of her daughter's safety. I promise you, I have never been charged with harassment, stalking, terroristic (sp?) threats, nothing. I have never met nor spoke to his new step-mother. But that is exactly how his father wants it to be. I became very good friends with his oldest daughter's mother and we became allies. So he has to keep up the charade that I am a horrible mother and she has to do her best to be a 'mother' to my son. Also, apparently I am abusive toward children because she should fear what I will do to her daughter. It's whatever. I just smile and say "Ok, I am sorry she feels that way" and move on. I am not concerned because he goes so infrequently now and he always says he is taken care of by her. I can just deprogram him when he gets back Also, I got him a cell phone to take with him.

Starting next month, his dad is to be responsible for all transportation for his 4th weekend visitation and to pick up for all holiday visitations. If he doesn't exercise it, I will file a modification to discontinue it. My son is 13 now, and is realizing that while his dad loves him to death, he doesn't make the best decisions when it comes to being his father. While my son is there, it is all about his new wife and new baby and he feels terribly left out. I have told him that he needs to try to make the best of it while he's there and have fun and focus on the positive, but he is getting tired of it. He actually has said he doesn't care if he doesn't go anymore. This coming from a kid that never understood why, when his dad didn't show up for him, I didn't just do everything and take him to see him. Now he gets that his dad has to make an effort. It's not about getting your kid handed to you and then you do the bare minimum and then blame it all on the person that has done everything for you. It only took 11 years, but my son is getting it