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  1. #1

    Default Modifying a Custody Order After a Parent Relocates

    My question involves a child custody case from the State of: Nevada

    I have primary physical custody of my daughter, and her dad and I share joint legal custody. We went to mediation and made a legal parenting plan which states he has visitations every 2nd week of each month and we rotate holidays every year. Child support payments are consistently received, whereas, it's taken out of his paychecks. Co-parenting has been easy and working well between all of us. Her dad has a fiancÚ who is great with my daughter and cares a lot about her so I obviously approve.

    Things changed recently, though. Early this year, my daughter's dad and his fiancÚ had a baby and 4 months later, they moved to Indiana. it's been 6 months and not only am I not sure if he notified the courts here in Nevada before he left, but he hasn't exercised his visitations once since then and I am still receiving child support in the same amount each month.

    This is definitely a problem for us all and I want to find a solution that will accommodate everyone. Her dad has brought up a vague plan to fly our daughter out there and have her stay a few months then fly back but no specific details, dates or addresses. So, this is a big problem for me because our daughter just turned 5 last month and even though, legally she is allowed to fly by herself with a flight attendant checking in on her throughout the flight, I am just not comfortable at all with her flying for the first time without a trustworthy adult by her side. It just feels like I'd be volunteering my child to be kidnapped and abducted. But she misses her dad so much and I really don't want to deny them of each other. Also it's been 6 months since I've had any kind of break away from my child &we all need that in order to keep our sanity, right?

    So I have a few ideas but I need advice first. First, should I notify the courts here before doing anything? What would I notify them about? Will her dad get in trouble if he didn't notify them about moving and I'm the one who does it? Will he get in trouble for not following through with our parenting plan or his visitiations? Should I modify the visitation rights and the child support payments? Is it even necessary in a situation such as this that kinda changes would they be? I'd also like to know if there is any legal way, like a mediation of some kind would b helpful, where we could fairly decide the travel plans, who will pay travel expenses, &who will accompany my daughter on the plane, both there and back? Which brings me to my last concern....what can I do to guarantee a timely return home?? Is there even anything I can do? Can a ticket home be made a legal requirement before she can even go? As well as, is it a legal requirement for her dad to tell me his address whenever he moves, just because of his visitation rights?

    I know it's alot but I want us all to legally get what we want. I'd appreciate any advice I can get, please and thank you

  2. #2
    Join Date
    Dec 2013
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    835

    Default Re: Modifying a Custody Order After a Parent Relocates

    Usually the non custodial parent does not need permission to relocate out of state. You should look up the standard parenting guidelines for the state of Indiana. I realize this is not the state that the child resides in, but the Indiana guidelines seem to be very fair to both the parents and the children when exercising long distance visitation.

    In addition, if your state is not a state that uses timeshare in the child support calculation, there is no need to modify support in most cases.

    If dad goes to court, he will be granted the modification in visitation, (that he should pay for since he created the distance), you may not have a choice about putting your child on a plane. I know it is scary, but your other option would be to fly back and forth with her at your own expense if the courts determine that her riding on a plane is an appropriate form or transportation.

    Also, it all should be done thru the courts. Particularly if you are concerned that she wouldn't be returned.

    And yes, barring any order to the contrary, you have the right to know the address of where your daughter will be during visitation.

  3. #3
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    Default Re: Modifying a Custody Order After a Parent Relocates

    Quote Quoting Missomalleysmama322
    View Post
    My question involves a child custody case from the State of: Nevada

    I have primary physical custody of my daughter, and her dad and I share joint legal custody. We went to mediation and made a legal parenting plan which states he has visitations every 2nd week of each month and we rotate holidays every year. Child support payments are consistently received, whereas, it's taken out of his paychecks. Co-parenting has been easy and working well between all of us. Her dad has a fiancÚ who is great with my daughter and cares a lot about her so I obviously approve.

    Things changed recently, though. Early this year, my daughter's dad and his fiancÚ had a baby and 4 months later, they moved to Indiana. it's been 6 months and not only am I not sure if he notified the courts here in Nevada before he left, but he hasn't exercised his visitations once since then and I am still receiving child support in the same amount each month.

    This is definitely a problem for us all and I want to find a solution that will accommodate everyone. Her dad has brought up a vague plan to fly our daughter out there and have her stay a few months then fly back but no specific details, dates or addresses. So, this is a big problem for me because our daughter just turned 5 last month and even though, legally she is allowed to fly by herself with a flight attendant checking in on her throughout the flight, I am just not comfortable at all with her flying for the first time without a trustworthy adult by her side. It just feels like I'd be volunteering my child to be kidnapped and abducted. But she misses her dad so much and I really don't want to deny them of each other. Also it's been 6 months since I've had any kind of break away from my child &we all need that in order to keep our sanity, right?

    So I have a few ideas but I need advice first. First, should I notify the courts here before doing anything? What would I notify them about? Will her dad get in trouble if he didn't notify them about moving and I'm the one who does it? Will he get in trouble for not following through with our parenting plan or his visitiations? Should I modify the visitation rights and the child support payments? Is it even necessary in a situation such as this that kinda changes would they be? I'd also like to know if there is any legal way, like a mediation of some kind would b helpful, where we could fairly decide the travel plans, who will pay travel expenses, &who will accompany my daughter on the plane, both there and back? Which brings me to my last concern....what can I do to guarantee a timely return home?? Is there even anything I can do? Can a ticket home be made a legal requirement before she can even go? As well as, is it a legal requirement for her dad to tell me his address whenever he moves, just because of his visitation rights?

    I know it's alot but I want us all to legally get what we want. I'd appreciate any advice I can get, please and thank you
    How many children have been kidnapped/abducted by strangers while traveling on the UM program?

  4. #4
    Join Date
    Mar 2016
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    2,289

    Default Re: Modifying a Custody Order After a Parent Relocates

    Quote Quoting Missomalleysmama322
    View Post
    My question involves a child custody case from the State of: Nevada

    I have primary physical custody of my daughter, and her dad and I share joint legal custody. We went to mediation and made a legal parenting plan which states he has visitations every 2nd week of each month and we rotate holidays every year. Child support payments are consistently received, whereas, it's taken out of his paychecks. Co-parenting has been easy and working well between all of us. Her dad has a fiancÚ who is great with my daughter and cares a lot about her so I obviously approve.

    Things changed recently, though. Early this year, my daughter's dad and his fiancÚ had a baby and 4 months later, they moved to Indiana. it's been 6 months and not only am I not sure if he notified the courts here in Nevada before he left, but he hasn't exercised his visitations once since then and I am still receiving child support in the same amount each month.

    This is definitely a problem for us all and I want to find a solution that will accommodate everyone. Her dad has brought up a vague plan to fly our daughter out there and have her stay a few months then fly back but no specific details, dates or addresses. So, this is a big problem for me because our daughter just turned 5 last month and even though, legally she is allowed to fly by herself with a flight attendant checking in on her throughout the flight, I am just not comfortable at all with her flying for the first time without a trustworthy adult by her side. It just feels like I'd be volunteering my child to be kidnapped and abducted. But she misses her dad so much and I really don't want to deny them of each other. Also it's been 6 months since I've had any kind of break away from my child &we all need that in order to keep our sanity, right?

    So I have a few ideas but I need advice first. First, should I notify the courts here before doing anything? What would I notify them about? Will her dad get in trouble if he didn't notify them about moving and I'm the one who does it? Will he get in trouble for not following through with our parenting plan or his visitiations? Should I modify the visitation rights and the child support payments? Is it even necessary in a situation such as this that kinda changes would they be? I'd also like to know if there is any legal way, like a mediation of some kind would b helpful, where we could fairly decide the travel plans, who will pay travel expenses, &who will accompany my daughter on the plane, both there and back? Which brings me to my last concern....what can I do to guarantee a timely return home?? Is there even anything I can do? Can a ticket home be made a legal requirement before she can even go? As well as, is it a legal requirement for her dad to tell me his address whenever he moves, just because of his visitation rights?

    I know it's alot but I want us all to legally get what we want. I'd appreciate any advice I can get, please and thank you
    You don't have to notify the courts if you want to verbally modify a parenting plan - in fact judges prefer parents resolve things like this on their own. NCP don't have to notify the courts of moves - usually it's just CP.

    He will not get in trouble for not exercising his visitation - you will get in trouble if you deny him the visitation when he asks to utilize it. You would be held in contempt if he chose to take you to court for denying him visitation. Why would you modify child support?

    Does the court order state he has to give you his address? If not then legally no he doesn't have to give you his address and you don't have to give yours.

    Most people hire a babysitter to get some alone time or a "break" just saying...why does he want her to stay a few months? Is she in school yet?

  5. #5
    Join Date
    Dec 2013
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    835

    Default Re: Modifying a Custody Order After a Parent Relocates

    Quote Quoting qwaspolk69
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    Does the court order state he has to give you his address? If not then legally no he doesn't have to give you his address and you don't have to give yours.
    I think this is actually right. My court order does state that we get to know addresses and phone numbers, and I thought that was standard. But if its not in the order it isn't required. (although, I think it's pretty crappy when parents don't let the other parent know their address. )

  6. #6
    Join Date
    Mar 2016
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    2,289

    Default Re: Modifying a Custody Order After a Parent Relocates

    Mine just says that "plaintiff and defendant shall furnish to the clerk of District Court his/her address, telephone number, SSN, employer name, if either has access to employer related health insurance and any other info the court may deem relevant until judgment for child support shall be met. Plaintiff and defendant shall advise the clerk of District Court of any changes in such information between the time of the entry of this decree and completion of judgment in full." It says if either fail to do so can be held in contempt. I doubt he ever did - he didn't even show up to our divorce hearings. I know where he is though - jail yet again looking at prison time. It doesn't say anything about providing each other with addresses in mine though. Just to the court.

  7. #7
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    Default Re: Modifying a Custody Order After a Parent Relocates

    Quote Quoting Missomalleysmama322
    View Post
    My question involves a child custody case from the State of: Nevada

    I have primary physical custody of my daughter, and her dad and I share joint legal custody. We went to mediation and made a legal parenting plan which states he has visitations every 2nd week of each month and we rotate holidays every year. Child support payments are consistently received, whereas, it's taken out of his paychecks. Co-parenting has been easy and working well between all of us. Her dad has a fiancÚ who is great with my daughter and cares a lot about her so I obviously approve.

    Things changed recently, though. Early this year, my daughter's dad and his fiancÚ had a baby and 4 months later, they moved to Indiana. it's been 6 months and not only am I not sure if he notified the courts here in Nevada before he left, but he hasn't exercised his visitations once since then and I am still receiving child support in the same amount each month.

    This is definitely a problem for us all and I want to find a solution that will accommodate everyone. Her dad has brought up a vague plan to fly our daughter out there and have her stay a few months then fly back but no specific details, dates or addresses. So, this is a big problem for me because our daughter just turned 5 last month and even though, legally she is allowed to fly by herself with a flight attendant checking in on her throughout the flight, I am just not comfortable at all with her flying for the first time without a trustworthy adult by her side. It just feels like I'd be volunteering my child to be kidnapped and abducted. But she misses her dad so much and I really don't want to deny them of each other. Also it's been 6 months since I've had any kind of break away from my child &we all need that in order to keep our sanity, right?
    It really depends on the judge's attitude about children flying alone. I have seen some judges order that a child can fly alone as young as five, and some judges say that a 10 year old was too young to fly alone. While dad should be responsible for the cost of transportation since he created the distance, you could fly with your daughter if you pay for your own tickets to do so. If the judge orders that she cannot fly alone dad will be expected to fly to pick her up and bring her back.

    So I have a few ideas but I need advice first. First, should I notify the courts here before doing anything? What would I notify them about?
    Yes, you need the court orders to reflect the distance and a long distance parenting plan. You would need to file to modify the parenting schedule. A typical long distance plan is every other Thanksgiving Break, a week at Christmas, every or every other Spring Break, and anywhere from 1/2 to 3/4 of the summer. Do NOT give dad the entire summer as you will need some time to vacation with the child yourself.

    Will her dad get in trouble if he didn't notify them about moving and I'm the one who does it? Will he get in trouble for not following through with our parenting plan or his visitiations?
    No, dad will not get in trouble for any of that.

    Should I modify the visitation rights and the child support payments? Is it even necessary in a situation such as this that kinda changes would they be? I'd also like to know if there is any legal way, like a mediation of some kind would b helpful, where we could fairly decide the travel plans, who will pay travel expenses, &who will accompany my daughter on the plane, both there and back?
    Yes, you need to file to modify. Mediation is usually part of that.

    Which brings me to my last concern....what can I do to guarantee a timely return home?? Is there even anything I can do? Can a ticket home be made a legal requirement before she can even go? As well as, is it a legal requirement for her dad to tell me his address whenever he moves, just because of his visitation rights?

    I know it's alot but I want us all to legally get what we want. I'd appreciate any advice I can get, please and thank you
    You follow the current court orders, EXACTLY, with NO deviations until you have had the orders modified for a long distance plan. That means dad only gets his weekends and holidays even if that means he has to travel to visit her.

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