Non Custodial Parent Moves Out of State

**radams26** · 07-26-2011, 01:29 PM

My question involves a child custody case from the State of: NJ

My ex is moving to Kansas. He married a woman 3 years ago who lives in Kansas and they have lived apart for the past 3 years. He is now moving to Kansas with her. My ex and I have a 7 yr. old daughter together. Today he gave me a paper that states he will not lose any visitation time with her. The paper stated that th same amount of hrs. he recieves now he will recieve while he is in Kansas. Basically he wants her during all school breaks (not including a holiday) and wants her for 28 days in the summer. He choose to move to Kansas. It's not that I don't want him to see his daughter but I feel like I'm suffering because he choose to remarry and leave.

Additionally, he claims he is moving because he wants to divorce his 2nd wife. He claims that in Kansas you have to live together for a year before a judge will grant the divorce. Sounds fishy to me?

**Dogmatique** · 07-26-2011, 01:31 PM

He gave you a paper? What kind of paper?

What do your current orders say?

**radams26** · 07-26-2011, 01:51 PM

yes, he gave me a paper that he typed up. Nothing legal. He said it is just a guideline but I think he request are a bit extreme. Current orders say he gets her for 2.5 hrs. every wednesday and every other weekend. Holidays are basically divided. Meaning he get her xmas morning and I get her xmas night, etc...

**Dogmatique** · 07-26-2011, 02:03 PM

Start googling long-distance parenting plans. Because he'll likely be unable to continue the current plan, he actually stands a good chance of getting long periods in the summer (28 days would not be unusual unless your child is very young) and at least every other school break.

Even though he's creating the distance, the courts largely prefer that parenting time overall remains as close to status quo as possible - so if he gets X number of days per year, he'll have a good chance at keeping that number of days even though they'd be distributed differently.

**ph_dudley** · 07-29-2011, 11:45 PM

What he is giving you is what he wants to do. Remember there is a court order for visitation which needs to be modified due to the father moving to another state. If the two of you can't agree on whats best for your child than thats when the court will set the visitation, which may be less, the same, or more than what the father currently has.