Results 1 to 7 of 7
  1. #1
    Join Date
    Jul 2007
    Posts
    7

    Question Non Custodial Parent Moves Out of State

    My husband and I have joint custody of our 4 year old daughter in NY state. I have physical custody meaning she lives with me, he has every other weekend overnight. One of the things that he wanted stipulated in the custody agreement was that I couldn't move out of NY unless given permission by the judge. Everything was going smoothly until HE MOVED to Texas with his girlfriend, now he wants me to send her to Texas to visit. I don't really feel comfortable sending my 4 year old across the country. She very rarely goes any where without me. And I feel that he doesn't really want anything to do with her, since his move about 3 and a half months ago, he only calls her maybe once every two weeks. Also before he left he tried taking her from me. he got temporary custody by making up stupid accusations about me. two weeks later i got her back, we were suppose to go to trial because he insisted what he was saying was true but the day of the trial he didn't show up, and the case was dropped. He is a very vengeful person. I guess what i'm looking for is any info on visitation laws in NY when the non custodial parent lives out of state. or any advice as to what steps i should take or let him make the first move? We have been in and out of court about 5 times within the past year and i can't keep spending money on a lawyer.

  2. #2
    Join Date
    Oct 2005
    Location
    Massachusetts
    Posts
    755

    Default Re: Non Custodial Parent Moves Out of State

    There's no wording about him moving out of state?
    And do you have wording stipulating that if the other parent takes the child out of state, the other parent needs to give permission?
    Him moving would constitute a change of circumstances, and you can have that decree modified.
    He will need to be the one who provides transportation.
    The smart thing for him to do would be to fly out here, and get a hotel for the weekend when he has her.
    But keep in mind, you can't FORCE him to see your daughter.

  3. #3
    Join Date
    Jul 2007
    Posts
    7

    Default Re: Non Custodial Parent Moves Out of State

    There is no stipulations about him moving out of state, nor does he need my permission. it just states that he has her overnight from friday to sunday by 5pm. I myself think it would be better if he were to come back here and visit her, since he also has all of his family up here.

  4. #4
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,772

    Default Re: Non Custodial Parent Moves Out of State

    Quote Quoting val_k
    View Post
    There is no stipulations about him moving out of state, nor does he need my permission. it just states that he has her overnight from friday to sunday by 5pm. I myself think it would be better if he were to come back here and visit her, since he also has all of his family up here.
    You really should file for a modification of the visitation order. As long as you file, you probably won't get into any trouble by insisting that the visitation take place in your town, or at least in your general area.

  5. #5
    Join Date
    Jul 2007
    Posts
    7

    Default Re: Non Custodial Parent Moves Out of State

    Quote Quoting Xena
    View Post
    You really should file for a modification of the visitation order. As long as you file, you probably won't get into any trouble by insisting that the visitation take place in your town, or at least in your general area.
    I have told him that he could pick her up on friday on his weekend and take her back to Texas with him but that she needs to be back by 5pm sunday as the visitation agreement states. Outragous as it sounds i know, because it's impossible to go from NY to Texas and then back to NY within that time. I don't see how I would get into trouble if he doesn't come pick her up on his weekends. But regarding the modification of the visitation order, does anyone have any ideas of what I would ask for it to be changed to since he's not around? I don't even have a current address for him, he won't give it to me. Doesn't the court need that info? Thank you to everyone who have given me any advice they have to offer.

  6. #6
    Join Date
    Oct 2005
    Location
    Massachusetts
    Posts
    755

    Default Re: Non Custodial Parent Moves Out of State

    You ask for whatever you want, and take what the court gives you.
    If I were you.....
    Father may keep same visitation schedule, however, the child is not to be taken out of state without the mothers consent.
    Father must provide home phone number, and address to the mother, in case of emergency.
    The child may not travel on any airplane without the mothers consent.
    If the child will be on an airplane, the only people that may accompany said child, is the Mother, and/or Father. Under NO circumstances, is the child to travel without at least 1 parent.
    All transportation costs are to be provided by the father.

  7. #7
    Join Date
    Jul 2007
    Posts
    7

    Default Re: Non Custodial Parent Moves Out of State

    Thank you so very much for your advice.

    1. Sponsored Links
       

Similar Threads

  1. Interstate Issues: Non Custodial Parent Moves Out of State and Now Wants Extended Vacations with Kids
    By aiimages in forum Child Custody and Visitation
    Replies: 18
    Last Post: 08-05-2011, 08:13 AM
  2. Interstate Issues: Non Custodial Parent Moves Out of State
    By radams26 in forum Child Custody and Visitation
    Replies: 4
    Last Post: 07-30-2011, 12:45 AM
  3. Right of Custodial Parent After Non Custodial Parent Moves Out of State
    By groove in forum Child Custody and Visitation
    Replies: 5
    Last Post: 04-14-2011, 07:06 PM
  4. Parenting Time With Teen When Non-Custodial Parent Moves Out Of State
    By doctordad in forum Child Custody and Visitation
    Replies: 7
    Last Post: 01-31-2008, 04:40 PM
  5. Visitation when non custodial parent moves out of state
    By kim2268 in forum Child Custody and Visitation
    Replies: 1
    Last Post: 06-18-2006, 05:06 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Custody Lawyer
Get help for your custody case. Consult a divorce lawyer for free.




Untitled Document