QUESTION
What course of action might I have if my ex moved out of state with my child but the decree clearly states she cannot do that?
Asked on Sep 13th, 2012 on Child Custody - New Jersey
More details to this question:
I was against my daughter moving, but the mother get her so excited about the move. It broke my heart to say no. She told me she would no longer require child support if I just let them go without a fight and now a year later, my employer just got a request from Child Support services in her new state. I have to pay never seeing my daughter. I was a good dad, an active dad, spending two nights a week and two weekends a month with my daughter. I miss her terribly. This is so unfair!
11 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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File a motion to modify and for contempt.
Answered on Jun 27th, 2013 at 9:45 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You need to file a motion to change custody and visitation, but now it will probably be filed in the other state.
Answered on Sep 26th, 2012 at 11:41 PM
If you said, "yes," you consented to the move, but you can file a parenting time complaint and seek a court order to offset some of your child support so you can pay to transport your child back for visits.
Answered on Sep 19th, 2012 at 1:09 PM
Administrative Law Attorney serving Edmond, OK
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Jencks Law Firm P.L.L.C.
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Based on your limited information it looks like you may have a case for contempt, for failing to follow the court order, or a motion to modify custody and/or visitation. It is up to you to enforce your rights to your daughter. Her agreement to waive child support if you did not object to the move is not binding unless you have proof of the agreement, such as a letter, email or text. Then it might be enforceable as a contract. Otherwise, you will always have to pay to support your child whether you see her or not.
Answered on Sep 19th, 2012 at 1:07 PM
Michael Paul Vollandt
You where chumped by your ex. As song as parents agree on child support it is ok. but if the Department of Child Support gets their teeth into you they set the guideline child support amounts and you can do much about it. With a year having past it will be hard to modifying custody visitation because you agreed to the move. You can always file Request for Order to modify child custody and visitation. Dept. of Child Support can also be put into the mix as well for child support.
Answered on Sep 19th, 2012 at 1:06 PM
You will need to bring an action in Utah in order to enforce provisions of the Divorce Decree regarding custody and parent-time. Unfortunately, the time to oppose the child's move and get an order from this State has passed.
Answered on Sep 19th, 2012 at 1:05 PM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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You could modify your current custody and visitation order. If the mother moved away the court is inclined to give you more time. If she is school aged you could ask for all summer, and the majority of any other school vacation days such as Christmas and Thanksgiving and Easter when the breaks are generally longer. You can also claim the cost of travel to visit as a hardship.
Answered on Sep 19th, 2012 at 1:02 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, see an attorney, but you are in a very poor position. Additionally, unless you waived jurisdiction, the support issue should be in the court where you were divorced.
Answered on Sep 19th, 2012 at 1:00 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You have probably waited too long to get anything other than a revised parenting time schedule to ensure you can see your daughter. Your agreement to let her move in exchange for no child support is not enforceable and you agreeing to that probably makes it look like money was the only thing important to you. You can still ask for a modification of the current order to make sure you can have visits with you at your home, but that obviously will have to be much different than it was before the move.
Answered on Sep 19th, 2012 at 1:00 PM
Family Law Attorney serving Santa Ana, CA
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Law Office of Rhonda Ellifritz
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ANY TIME you pay under guideline child support, they can take you to court to ask for more. I have seen too many men duped by this. Now you will be paying more because you have less time with her. I advise against this proposal every time asked because of this situation right here. I wish you would have asked me a year ago. I would have said don't do it! Department of Child Support Services is not bound by the agreement nor is she.
Answered on Sep 19th, 2012 at 12:58 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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You can go the court and file a motion to enforce litigant's rights. In NJ one can not remove a child from the jurisdiation of the court without the express consent of the other parent or a court order. Courts very often require that the party either returns with the child or simply return the child.
Answered on Sep 19th, 2012 at 12:45 PM