Visitation After a Non-Custodial Parent Moves
My question involves a child custody case from the State of: new jersey.
I am unsure on what I'm supposed to do right now, my children's father is moving to Minnesota on Friday and we currently have joint custody with me the mom being the custodial parent.. Current visitation is every other weekend and everything is done through the courts.
Hopefully I'm making sense.
Am I supposed to modify the visitation? Or the current custody arrangement so that I have sole physical custody?
The only reason I ask about the custody is because he threatened to keep the kids in Minnesota when he moves there. I do not have that in writing and I'm just nervous I'll end up having to travel to Minnesota to get my children back.
Advice?
Re: Non Custodial Parent Moving
You are going to want to modify visitation to reflect a long distance plan. Check out the plan that Indiana has. I realize this isnt your state, but it is a really good guideline.
Sole custody is not going to prevent the children from going to MN to visit their Dad. Whether you had sole custody or not, if he doesn't return the children at the end of his visitation time, you can file for contempt.
Also, since Dad is creating the distance, you can request that he be responsible for transportation costs.
Re: Non Custodial Parent Moving
Thank you for your response. I wouldn't want the custody to stop the visitation, I just thought it would offer more protection... But if I can hold him for contempt either way I guess there isn't any need to change this.
Again you were very helpful, I'll bring it up about the travel cost for the children.
Now my only other question is, until I get a court date for the long distance visitation, I still have to send them to Minnesota every other weekend since that's his current visitation correct? I'm not trying to break any laws...I'm trying to go about things the right way. 😊
Re: Non Custodial Parent Moving
Is he planning on picking up the kids every other weekend?
It is incredibly unrealistic to do every other weekend visitation at that distance. But that is a reason to get the modification sooner rather than later.
Re: Non Custodial Parent Moving
He claims he will drive how many hours it is to pick them up and take them back. Honestly I don't see it really happening, but life is crazy and I'm just trying to make some proper lemonade with the lemons I've been given.
I will go to the court house Monday. He just told us he's moving on the 3rd when he picked the children up. I'm trying to be civilized as possible...he wants things settled outside of court but I think it's best to go with the courts.
Re: Non Custodial Parent Moving
It is always best to get the orders to reflect the current situation. Then once the guidelines in place, if you want to agree to modifications outside of the court order you can if you both agree, but the guidelines are in place in case you can't agree. They are there to protect both you and Dad, and most importantly the children.