My question involves a child custody case from the State of: PA
my 4 year old son's father has been in his life only since he was 3 years old; we went to court and I was awarded full legal custody and primary physical custody, he does have supervised visits through the week.
I live in the suburbs in a nice neighborhood for raising children, however financially we can no longer afford the same quality of life that we were once afforded for my son and my children with my husband. We would have to move into a not as safe urban community; which I do not feel is in there best interest. My savings are close to being depleted; I have cashed out my 401K to make ends meet. I have only been able to locate part-time employment which affords us to have medical insurance. We want to move back to Texas, where we lived for 2 years prior. My husband is has been approved for relocation at the end of the year and I need to find gainful employment as I have not been able to find employment after my company was closed in Texas and we relocated back to PA.
My son's father does not financially or medically support him; I want to submit the request to modify the order to accomodate my request to mofidy the visitation schedule due to relocation. I have pre-drafted a parenting time schedule which includes skype and other telecommunication methods; I have also created a physical visitation schedule which would allow him flexibility to visit our son in TX and to allow for our son to come back to PA to visit semi annually. Please let me know what else would I would need to do to satisfy the court.
I do not think it is fair that my son's father does not support him, but my Mantra that I learned fom parenting class is to love your child more than you hate your ex; I just want to try to make this as fair as possible for my son and his father. Any additinal advise would be greatly appreciated.
Moving a Child to A Different State
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06-03-2012, 09:14 AMLadynyc08Moving a Child to A Different State
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06-03-2012, 09:44 AMjkRe: Moving a Child to A Different State
everything sounds reasonable EXCEPT you need to realize that since you are the parent making the distance between the other parent and the child, many courts will expect you to pay for the travel expenses due to the distance.
hang around for some of the other posters. There are a couple that really get into these issues and are very knowledgeable of them. Hopefully they will comment. -
06-03-2012, 02:59 PMDogmatiqueRe: Moving a Child to A Different State
How long have y'all been in PA, Mom?
When were the must current orders made? -
06-03-2012, 03:24 PMLadynyc08Re: Moving a Child to A Different StateHello!Quote:
Quoting Dogmatique
We have been back in Pa for exactly 1 year. The current order has been in effect since January 2012. -
06-03-2012, 03:36 PMDogmatiqueRe: Moving a Child to A Different State
Here's the problem as I see it; the current orders are only 6 months old. If you were planning a relocation, it really should have been discussed before those went into place.
I take the supervised visitation is part of a graduated plan to reintroduce him to the child?
How often does he exercise visitation?
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Has Dad actually been ordered to pay support? -
06-03-2012, 04:00 PMLadynyc08Re: Moving a Child to A Different StateThat is correct my son isn't very comfortable with him the initial temporary order in 2011 was entered that way. When we went before the judge It was signed into permanant order. We established privately paternity in TX, his name is not on my son's birth certificate. The judge ordered him to sign the AOP to allow for child support. My sons father told the judge he would sign the form by the end of February . But when I asked him privately when this was to be completed he states he has no intentions of signing the forum, he does not want to pay child support.Quote:
Quoting Dogmatique
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06-03-2012, 04:04 PMDogmatiqueRe: Moving a Child to A Different State
He does't have to - you can file a child support case with CSE given that apparently a court has already determined paternity for the sake of custody and visitation.
Given that he's only now getting to know his child, I do think you either need to find a devil of an attorney or you start making plans to stay where you are.
(The courts are very reluctant to thwart the relationship between parent and child - with Dad only now getting to know his son, the court may well feel that your moving away is an attempt to do just that. Specially since it's only been 6 months and now suddenly your husband is approved to relocate. Did you inform the court that this was a possibility?) -
06-03-2012, 04:12 PMLadynyc08Re: Moving a Child to A Different StateWe did not plan to move at the time we were in court. A supervisor position in Texas was offered to my husband. I have not been able to find work in my field here I typically to earn $75,000 annually. I have only been able to find part time employment with an annual salary of $18,000.00. We are trying to make things work here for the sake of my son, but it is financially not working.Quote:
Quoting Dogmatique
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06-03-2012, 04:14 PMjkRe: Moving a Child to A Different State
the judge ordered him to sign the aop (which he actually cannot force him to do) based on a private DNA test? and has followed that folly with placing a visitation and support order?
I don't agree with doggie, unless there is more to the situation. If he refutes paternity (and apparently is at some level due to the refusal to sign the aop), the judge cannot just name him as the father. He has a right to be allowed to establish or dispute paternity via a court authorized dna test.
ya got's a mess on your hands the way I see it. No actual father yet there is a visitation order based on some dna test that is quite likely not acceptable as evidence in a court. Wow.
OP, please tell me I am really misunderstanding what you are saying. -
06-03-2012, 04:22 PMDogmatiqueRe: Moving a Child to A Different State
It's time for an attorney.
I can see this going either way. The burden of proof in PA IS on you to show why this move is in the child's best interests. The motives behind your petition (as well as those of Dad, if he objects) will also be examined.
Let's think about one thing though. You think you'll be able to get a job there earning several times what you're earning. How is daycare going to work? How is visitation going work?
And finally -
Why is taking the child from a parent he's just getting to know, actually in the child's best interest.
(I know it might seem like I'm giving you a hard time - but these are questions you're likely going to have to answer).
Incidentally, unless he's ordered by either the court or by an administrative action to pay child support, he's not actually legally obliged to give you a single red cent.
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Quote:
Quoting jk
Paternity can be stipulated to in open court without the other party signing the AOP or having a DNA paternity test ordered.
It seems that that's what has happened, and the judge is thinking the AOP needs to be signed before child support can go ahead (the judge would be incorrect in that understanding, but it wouldn't be the first time that judges have been mistaken).
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Clarification would be nice though!