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  1. #1

    Default Father left state, wants same visitation.

    We both lived in California. My husband was being sent to Hawaii for his job. We went to court and they gave him custody because he was more likely to pursue the visitation by both parties. He still lived with his mother and was more financially responsible. He wanted to make sure no one left the 2 counties without an agreement or family code 3024.My husband rejected the job and went out of county. We moved about 150 miles away and got written permission. We worked out visitation on our own. That was after a lot of trouble being caused by him. He then leaves the state over 350 miles away and wants the same visitation.

    In court will they see that it is a long way to travel for a 7 year old every other weekend for 6 hour drives one way? We tried to tell that to him that it is not good on her to be doing that. Also, we have told him about oil changes, gas and vehicle maintenance because he does not like public transportation. He is a person that eats at fast food places a lot as well.

    I thought that instead of 1st, 3rd and 5th weekends and every other school holiday, give him an extra week during summer since it was split in half. Instead of splitting Thanksgiving, Easter, Christmas and New years, letting him have visitation for the whole time rotating every year. He wants the same visitation as he had. Please let me know if this is going to be in the best interest of the child if he takes her to Arizona every other weekend. Thank you.

  2. #2
    Join Date
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    Default Re: Father left state, wants same visitation.

    If you cannot come to an agreement, you will have to ask the court to decide.

  3. #3
    Join Date
    Jul 2006
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    984

    Default Re: Father left state, wants same visitation.

    Your use of pronouns makes it difficult to answer, can you clarify the following?
    Who are the parties?
    What are the court ordered visitation orders?
    Who has custody?
    Who moved, where, when?
    What is your stipulated agreement?
    Have you been to mediation?
    What county has jurisdiciton?
    You do realize that eating fast food or travel by private automobile is not grounds to modify visitation, nor is elimiating standard visitation and increasing summer visitation by 1 week equatible, even though it would also give you grounds to modify child support, it would give the other parent grounds to modify custody based on custodial interference.

  4. #4

    Default Re: Father left state, wants same visitation.

    I'm sorry, I was trying to make it short. The parties are myself and the father, which were never married. I am the custodial parent. The court ordered 1st, 3rd and 5th weekends to him, every other holiday and half the summer. My husband and me moved in state 150 miles away in 2004 with an agreement. He moved in March of this year and we didn't find out until mid May that he moved. We both moved out of county, but Mojave still has juridiction, I guess. We tried to make an agreement, but he wants the same visitation and we don't think that a 7 year old should be traveling that much. I know it is not up to us to decide that.
    We agreed over the phone about visitation once and then he told us to fax him that paperwork so he can look at it. We receive a fax in his mothers handwriting every thing that he wants. Why does his mother have to make decisions for him. Sure he lived with her until he was 30, but they don't live there anymore.

    Thank you.

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