parenting plan

[lisagr33]

What is the name of your state?TN. My ex has custody of our children and has moved out of state. The last time I saw our children was August 12th. We still have yet to agree to a parenting plan regarding our children. I have asked if I could see our children for three weekends in a row now and he has refused the last two weekends because of his work schedule. He has not responded to my request for this weekend yet. My attorney says that until a parenting plan is in place he is to follow the current visitation order. What can I do?

 

[stealth2]

What does the current order say?

 

[lisagr33]

Stealth2- CO says that I am to have them every other weekend from Friday at 6:00 p.m. to Monday at 8:00 a.m. to which I am to deliever them to school. However, since they moved to a different state I am not able to do that.

 

[stealth2]

You can't pick them up, drop them off, or both? What does the current order say about transport? Have you filed for a modification of the order?

 

[stealth2]

And - how old are the kids and what is the actual distance?

 

[barrett21]

Notification

Hi I am from TN also and my husband just went through this same thing did Your ex not give you notification of this intended move?

 

[casa]

What is the name of your state?TN. My ex has custody of our children and has moved out of state. The last time I saw our children was August 12th. We still have yet to agree to a parenting plan regarding our children. I have asked if I could see our children for three weekends in a row now and he has refused the last two weekends because of his work schedule. He has not responded to my request for this weekend yet. My attorney says that until a parenting plan is in place he is to follow the current visitation order. What can I do?

Document any/all denials under the current visitation order- give that information to your attorney. Your attorney will know if it's best for you to file contempt against the other parent, or if it's a matter of simply documenting for the court prior to your hearing re; modification.

 

[lisagr33]

Stealth2-He moved to Fort Mill,SC. The first time that I had them for the summer he brought them here and made me drive to Fort Mill, SC to take them back-one of which my attorney said that since he created the problem he needed to meet me half way. Which once his attorney got a hold of him he had to meet me the next time half way. As for a modification, my attorney is working on that as we speak. Our daughter is 10 and our son is 8 I have to drive 2 to 2 1/2 hours depending on traffic to meet him in Asheville, NC. Not sure of exact distance.
barrett21-When we went to meet for a parenting conference at his attorney's office I had told my attorney that I never received a relocation notice from him in the mail. Which I didn't. However, when we met my attorney had a copy of it. What do I do? I am fighting for custody for two reasons, no. 1 this is the only place that our children have know as their home and most of their family lives here. No.2 he has been violating our decree regarding discipline and giving our children prescription medication w/o a physician approval. Attorney filing contempt charges on the discipline.
Casa-I have been documenting everything and everytime that he has done something that violates our court order. I appreciate every piece of advise I am getting.

 

[stepmom&mom]

We are going through the same thing right now, only in Oklahoma. Ex moved within state but over 125 miles away. She put dh's daughter in school there and has denied him visitation since August 8th. We have a court hearing tomorrow regarding the moveaway. My dh is requesting that she return here or give him custody because she lied about the reason for her move (said it was for a high paying job but has no job and is on government assistance) and because she has denied two weekends, a holiday, and dh's daughter's b-day since her move. She also said that as far as she's concerned, he can't see his daughter unless he comes and gets her. I don't know what will happen, but my advice is that you should not let this go. If he did not notify you of the move, then he can probably be found in contempt for that. Document and file something asap, because the longer you wait, the less likely you will be able to do anything.

 

[lisagr33]

stepmom&mom-We (my attorney and I) are working on that. My ex just graduated from nursing school in May and accepted a position that he said would pay him double what he would make in TN. My attorney doesn't see it that way because there is a high demand for male nurses in TN.

 

[lisagr33]

stepmom&mom-please let me know how it goes with your case. I will be thinking about you and your husband

 

[stealth2]

Lisa - depending on your access to an airport, consider asking in the modification that the kids be flown, with Dad picking up a minimum of half the fare (I'd push for more). My two started flying for visitation at 6&8, and it makes things so much easier.

 

[stepmom&mom]

Thanks. To be perfectly honest, I don't think my dh will get temp. custody because judges tend to favor the cp and they can pretty much do whatever. Our hope is that at the very least she will be required to provide all of the transportation and give us the summers since we are going to be losing one overnight per every other weekend (comes out to about 3 weeks lost per year.) I think it most angered my dh because she sobbed to him on the phone about how she had to move because no one would hire her in our city (which just so happens to be bigger than where she moved) and tried to make him feel guilty by saying that if he stopped her from moving then he's hurting his daughter because she won't have a place to live or food to eat. When we went to the child support hearing last week in which she was trying to have his child support raised, we then found out about her being on government assistance. We shall see what happens.

 

[lisagr33]

stepmom&mom- I have to go to child support hearing tomorrow myself because he is trying to get more money from me as well. TN has new guidelines that take both parents' income and decide how much is to be paid. My husband is not very thrilled with my ex right now because of his new wife. He feels that my ex's new wife is the main reason. He has basically told our children it would be best to call his new wife mom. They won't get a response from her if they call her by her name. My whole family feels now that even though he says he did not move to keep the children away from me he is doing that.

 

[stepmom&mom]

That's the thing you have to be careful about. Some CP's move to alienate the children from the other parent. I really think that's what happened in our case.