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Non Custodial Parent is Moving - What Are My Rights As Primary Parent

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  • 11-07-2010, 01:47 PM
    lesliejnash
    Non Custodial Parent is Moving - What Are My Rights As Primary Parent
    My question involves a child custody case from the State of: Tennessee

    My ex and I have joint custody. We have been divorced for 1 year and I have been very flexible with his visitation as he has changed jobs and schools numerous times. He told me Friday that he wants to move to Kentucky for a possible job and to be near his latest girlfriend His move will be over the 100 mile limit in our agreement. I want to know what my options are. He was supposed to give me 60 days notice before moving and then I would have time to appeal to the court. He wants me to drive half way every weekend and this will a 1 hour each way, so a total of 4 hours each weekend plus gas. Our daughter is 5 years old. She starts school next fall and I have no clue what I would do when schools starts.
    ****PLEASE HELP WITH ADVISE***
  • 11-07-2010, 02:16 PM
    Dogmatique
    Re: Non Custodial Parent is Moving - What Are My Rights As Primary Parent
    Quote:

    Quoting lesliejnash
    View Post
    My question involves a child custody case from the State of: Tennessee

    My ex and I have joint custody. We have been divorced for 1 year and I have been very flexible with his visitation as he has changed jobs and schools numerous times. He told me Friday that he wants to move to Kentucky for a possible job and to be near his latest girlfriend His move will be over the 100 mile limit in our agreement. I want to know what my options are. He was supposed to give me 60 days notice before moving and then I would have time to appeal to the court. He wants me to drive half way every weekend and this will a 1 hour each way, so a total of 4 hours each weekend plus gas. Our daughter is 5 years old. She starts school next fall and I have no clue what I would do when schools starts.
    ****PLEASE HELP WITH ADVISE***



    How far exactly is he moving?

    What exactly do your current visitation orders say?
  • 11-07-2010, 02:50 PM
    lesliejnash
    Re: Non Custodial Parent is Moving - What Are My Rights As Primary Parent
    Quote:

    Quoting Dogmatique
    View Post
    How far exactly is he moving?

    What exactly do your current visitation orders say?

    He is moving 150 miles and we have 50/50 custody with me as the primary parent and if either of us move more than 100 miles then the other parent is supposed to give 60 days notice before the move and the other parent will have 30 days to respond.
    No other specifications were made. I realize that the court will probably have to get involved we cannot work this out. But i wanted to know if anyone knows how courts usually rule on this.
    He has given me less than 72 hours notice.
  • 11-07-2010, 03:03 PM
    Dogmatique
    Re: Non Custodial Parent is Moving - What Are My Rights As Primary Parent
    OK, what I would do is request a formal visitation plan. Every other weekend and one night per week is pretty standard country-wide, but Dad should be responsible for pick up and drop off since he is creating the distance. It will be more difficult once she's in school to have the standard one night per week at Dad's, so when she does start school maybe you can offer him extended time during the holidays, summer etc., to be fair to him. Until you actually get to court though, without having a current parenting plan in place any visitation is basically up to you.

    You can find information and the actual state's parenting plan guidelines right here (I believe).
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