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Moving Issues

18 years ago

I was offered a new consulting job making double my current salary in another state. While DH and I were discussing this we got into it about moving and how that would drag us back through court --

Currently DH has custody of the boys - BM has visitation. The decree states that if we move more than 30 miles away we must provide her 30 days written notice. Thats it. So I would interpret that to mean we are free to move provided we give her notice? He thinks we still have to petition the court to allow us to move.

I think the kicker was while we were having this discussion yesterday she called to tell DH she wouldn't be able to visit the boys this weekend (that will be three weeks since she's seen them). Makes me wonder what the benefit for them is to remain in the same city at all...

Any of you have experience with relocating and step families?

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Comments (4)

imamommy
18 years ago
You should talk to an attorney. If the decree says you have to give 30 days written notice, I would interpret that to mean you can send her a notice in writing that in 30 days you are moving. Then, if she objects, she can file a motion to ask the court to stop you. If she doesn't file a motion to stop you, then you move. She hasn't objected and you work out a new visitation plan. OR Your DH can petition the court for permission first, which may put him in a better light than if she files first to stop him. If he files for permission, he is showing that he wants to do things properly and isn't trying to run off and steal the children (or move so she can't see them as much) but if she files first, she can claim that he's doing just that, which puts him on the defensive of having to prove why he is moving and that it would be best for the kids, etc. etc.

GO TALK TO A LAWYER.....
newgardenelf
18 years ago
we are going through this right now and 30 day notice is for the purpose of the other person filing an objection if they wish to object in which case it goes to court.

You need to discuss the move with an attorney.
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kathline
18 years ago
OMG, we just got notice that husbands job is being transferred to a new state. We will have to move. I dont expect there is much chance that the younger stepchild will be able to come with us, since LA doesnt allow parents to move in a joint custody situation such as ours, and take the kids. But the older girl, 13 in a few weeks, is wanting to come. I am sure there will be a war over this.
sieryn
Original Author
18 years ago
God I love lawyers...they're answering machines should really say 'to leave a message please enter your creditcard number as you will be charged 75 dollars for us to listen to your call'

Yeah DH wants to petition the court first, but I really don't want any more legal fee's if we don't have to go that route. I'm sure if we go to court we'll come out OK due to her routine breaking of the existing court order...its just one more hassle...

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