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Noncustodial Parent Moved with No Visitation Modification

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  • 10-03-2015, 07:46 AM
    Sacknmunch
    Noncustodial Parent Moved with No Visitation Modification
    My question involves a child custody case from the State of: Oklahoma
    I have sole legal custody of our two kids 10 & 13 years old. The mother has visitation. Been divorced for almost 10 years. Mothers new husband took a job knowing it might require him to move out of state, and may move often. And they did have to move, 1,300 miles several states away.
    I received the standard relocation notice 6 days prior to their move. She wants me to pay half of airline fees for the children to travel for their visits to her. Our decree and modified decree (we've been to court a few times) States we agree to pay half of traveling expenses. Also states we will meet at a "particularly named" gas station at an address stated in decree, which happened to be half way from our homes at the time. Which obviously is no longer halfway.
    Due to her being a stay at home mom with new children from her new marriage, her income is calculated to minimum wage (or what she could make), her child support payment was calculated to $0.00 a month and has remained that way for 10 years. I've been doing this with no help and nothing but hindering from her for so long I'm exhausted and in debt from the frivolous lawsuits, motions to modify (because he lost his job and she needed child support money so went for full custody) ugh... But I digress.
    I, not being able to afford the airline fees, and not being in full agreement with specifics on the proposed new visitation schedule included in her relocation notification, I objected in court to the move within the 30 day period allowed.
    This was back in June of this year, and I've heard nothing from the mother about negotiation a reasonable mutually agreed new Visit plan. She's currently moved and settled in of course. She calls or texts the kids once every few weeks, not often, but characteristically more often when we are possible going to court.
    The judge has ordered a status hearing next month.
    As of now, our current visitation order still stands.
    1.) What should I expect at the status heading?
    2.) What should I expect overall from this mess?
    3.) Am I being unreasonable in thinking that a mother who wanted to see her children should have negotiated this all out with me before she moved?
    4.) What say (if any) do the kids have in all of this?
  • 10-03-2015, 09:16 AM
    llworking
    Re: Noncustodial Parent Moved with No Visitation Modification
    Quote:

    Quoting Sacknmunch
    View Post
    My question involves a child custody case from the State of: Oklahoma
    I have sole legal custody of our two kids 10 & 13 years old. The mother has visitation. Been divorced for almost 10 years. Mothers new husband took a job knowing it might require him to move out of state, and may move often. And they did have to move, 1,300 miles several states away.
    I received the standard relocation notice 6 days prior to their move. She wants me to pay half of airline fees for the children to travel for their visits to her. Our decree and modified decree (we've been to court a few times) States we agree to pay half of traveling expenses. Also states we will meet at a "particularly named" gas station at an address stated in decree, which happened to be half way from our homes at the time. Which obviously is no longer halfway.
    Due to her being a stay at home mom with new children from her new marriage, her income is calculated to minimum wage (or what she could make), her child support payment was calculated to $0.00 a month and has remained that way for 10 years. I've been doing this with no help and nothing but hindering from her for so long I'm exhausted and in debt from the frivolous lawsuits, motions to modify (because he lost his job and she needed child support money so went for full custody) ugh... But I digress.
    I, not being able to afford the airline fees, and not being in full agreement with specifics on the proposed new visitation schedule included in her relocation notification, I objected in court to the move within the 30 day period allowed.
    This was back in June of this year, and I've heard nothing from the mother about negotiation a reasonable mutually agreed new Visit plan. She's currently moved and settled in of course. She calls or texts the kids once every few weeks, not often, but characteristically more often when we are possible going to court.
    The judge has ordered a status hearing next month.
    As of now, our current visitation order still stands.
    1.) What should I expect at the status heading?
    2.) What should I expect overall from this mess?
    3.) Am I being unreasonable in thinking that a mother who wanted to see her children should have negotiated this all out with me before she moved?
    4.) What say (if any) do the kids have in all of this?

    You should expect that mom will be given a long distance visitation schedule.
    Your should expect that at a minimum mom will get every other Thanksgiving, 1/2 of Christmas Break, every or every other Spring Break, and the bulk of the summer.
    You should expect that you might have to share in transportation costs, although you can certainly argue against it and would have a shot at prevailing.
    You are perhaps being a tad bit unreasonable...not hugely so but perhaps a tad.
    The kids have no say in it at all. They are not going to be told that they can choose not to visit their mother...at least not at their ages.
  • 10-03-2015, 02:27 PM
    HRinDEVON
    Re: Noncustodial Parent Moved with No Visitation Modification
    Just a lay view..the order is as the order is until and unless NCP gets it changed....you duty is to meet at the spot specified or at best an equivalent spot . mom chose to move away..at least as a first pass it makes sense that she bear all the added costs...but it makes sense that kids are not human ping pong balls and a more workable schedule needs to be in place....

    - - - Updated - - -

    BTW , it makes no sense that a female parent's income be imputed at zero...this is not 1815...and unless mom has zero skills I would think a starting point is to impute full time min wage to her...but it's your job to make the points .
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