Moving Out of State Issues
My question involves a child custody case from the State of: Utah
Ok so I gave my ex husband a note 64 days prior to our wedding that is now 40 days away, my new fiance is in the airforce and is staitioned in california. So my 2 year old son and I will be moving, my ex says he won't write the permission and told me a few weeks ago I would be served with papers by the weekend, but nothing. How long can he stall? What are my chances of we go to court?
Back history, he(my ex) went 6 months without wanting to see him(my son), now he sees him 1 day a week for 3 hours and Friday at 6 to Saturday at 7 and every other Sunday for 6 hours. So my ex had only spent the last 1 1/2 together
Re: Moving Out of State Issues
what does your order say about you leaving the area? Most parenting orders require either permission from the other parent or the courts permission. It wouldn't matter if you gave 60 days or 600 days if permission is required by one of the entities I mentioned.
If your order requires you to seek the courts permission, I would suggest you get moving and get this in front of a judge asap lest you will be leaving your child in Utah when you move to California.
Re: Moving Out of State Issues
Utah has no presumption in favor of or against relocation; if Dad wants to object you'll both have to convince the court why the relocation would and would not be in the child's best interest.
He has a seemingly solid relationship with his son. You'll be required to present a new parenting plan and may end up bearing the cost of visitation yourself. Since te child is only 2, this means that for every trip back you'll need to fork out two airfares.
Consider this to be a bit of a test run.
Dad has regular visitation. How will you make sure his parenting time isn't reduced?