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Getting Permission to Move with a Child Over the Father's Objection

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  • 03-06-2014, 06:25 AM
    DCsMama
    Re: Getting Permission to Move with a Child Shortly After the Court Denied Prior Peti
    Don't worry, I'm not going anywhere until the hearing. I don't want to risk it. Currently doing my research on crime statistics and school districts, philadelphia vs. dc metro (maryland suburbs area).

    I hope that I will have enough evidence that proves the move is safer and will provide better schools for my little one. I just want a amicable decision, not to rip him away from his father.

    Thanks for your help!
  • 03-06-2014, 12:19 PM
    Dogmatique
    Re: Getting Permission to Move with a Child Shortly After the Court Denied Prior Peti
    Ooof. That might be tricky.

    Philly has a high crime rate, that's true. But Baltimore's is higher - and it's only around 45 miles to DC. And there are enough "more or less the same" factors that might make it all the more tricky.
  • 03-06-2014, 03:11 PM
    DCsMama
    Re: Getting Permission to Move with a Child Shortly After the Court Denied Prior Peti
    No where close to Baltimore. I did a crime comparison and will print it out for court . The county we're moving to is right next to the district and on a scale of 1-10 faired a 4 in crime, where Philly was 9.
  • 03-06-2014, 03:59 PM
    Dogmatique
    Re: Getting Permission to Move with a Child Shortly After the Court Denied Prior Peti
    What you're not seeing though is that up until this point you've been fine with the area.

    Now, I understand that you might have always felt it was iffy, and now you really feel the need to go elsewhere...but it's not about what I think. I can see the court wondering the same thing.

    Dad is obviously planning to challenge (again). He has an attorney - you need one too (be it your current attorney or someone new).

    As I said, there are many factors to consider. I can see both of you having good reasons, and that basically means that you're going to be battling each other in court.
  • 03-06-2014, 07:39 PM
    llworking
    Re: Getting Permission to Move with a Child Shortly After the Court Denied Prior Peti
    Quote:

    Quoting Dogmatique
    View Post
    That isn't quite accurate.

    It's more about the child having regular access to both parents. If the court allows the move, well, there you go. If the court won't, the CP has two choices - either stay put, or let the non-relocating parent have custody.

    Some states have no presumption. In some, the presumption is in favor of relocation. In others, the presumption is against the relocation. There isn't one set of rules to address every situation.

    If the relocating parent decides to move without the child, they do actually take a risk that further down the line if the new CP decides to move the previous CP can't really object because they're already in different states.

    I completely agree with you. However, this is also an object lesson for other people reading this thread.

    Had mom never allowed dad to convince her that moving to PA was a good idea after the baby was born, she would never be in this position in the first place. How many times have we seen this scenario played over and over again? One parent convinces the other to move to a place where they have no family support or network...whether those parents are together or not together...things fall apart in a relatively short amount of time, but long enough that its past the residency rules...and then the other parent has to fight to move back to the original home state of the child?

    Bottom line...any parent that makes that kind of move needs to be prepared to decide whether or not its permanent within a few months of moving...and probably shouldn't even consider making the move in the first place unless they are certain that its going to be permanent.
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