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Old 05-22-2011, 01:03 PM   #1
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Custodial Parents who Have moved out of state...

Im looking for BTDT advice from custodial parents who have moved out of state after a custody order was in place against the wishes of the noncustodial parent.
I know in AZ you have to file with the court 6 weeks before the intended move and that a hearing will be held if the noncustodial parent objects. Im looking for information on what to expect at the hearing and how likely it is that the request to move be denied (even with a modified-at-the-expense-of-the-custodial-parent parenting plan)

Has anyone ever had their request denied?


I really want to move to SC where *my* family is. DD is not "mine", but SO's. He has Sole Legal and Sole Physical custody, but bio mom gets every other weekend plus every Thursday, every other week during the summer, and we split holidays. Bio mom pays NO child support . SO and I are not married, but will have been together 8 1/2 yrs at the time of the request (next year).

Our thoughts are to offer :
10weeks in the summer (at our cost)
1 week of Christmas break (At our cost, and alternating Christmas)
Wed-Sunday of Spring Break (at our cost)
M-F of fall break (at her cost)
Every other Thanksgiving Wed-Sunday (at split cost)
Every other year her bday weekend (at her cost)

Additionally, minimum of 2 Skype sessions per week.

Would this fly? Can it drag on longer than the 6 weeks?

ETA: SO's brother and children live an hour from where I wish to move. So DD would have biological family out there. DD does not visit bio moms family. Bio mom has had her rights terminated for the 4 children she had after DD...

ETAA: The current plan has been in place since Dec 2009... Before that bio mom had supervised visits with paternal grandmother and currently visits still occur at grandmas house.

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Old 05-22-2011, 09:01 PM   #2
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Re: Custodial Parents who Have moved out of state...

No one?
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Old 05-22-2011, 09:50 PM   #3
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Re: Custodial Parents who Have moved out of state...

I don't think its a no one cares but its very hard to predict what a judge is going to rule depending on the other parent's concerns & wishes. You are offering a very generous visitation schedule BUT, its very different and is grandma able to handle supervising extended visits. Courts can be unpredictable - you go in thinking one outcome and get the opposite and that can be a good outcome for your (which happened in my husband's case with visitation but the ex refused to follow it) or bad one (ex never thought they'd reduce child support from what he offered without court and was paying for three kids vs. reduce to one & increased visitation).
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Old 05-22-2011, 10:22 PM   #4
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Re: Custodial Parents who Have moved out of state...

I wasnt seeking a prediction, just experience. I dont know *What* to expect. How difficult it is, etc.

Theres a long history of drama with paternal grandma. She actually sued and won for grandparents rights before biomom started getting visitation. Now its all lumped under biomoms parental access, but grandma runs the show. So grandma would have no issue with extended visits, the issue is in her not being able to dictate her(DD) life 1/3 of the month.

DD hates the current schedule and does not feel that biomom is "mom" and also that biomom does not show that visits are important to her (often times only sees her 1 day out of the 4 shes at grandmas). Even with that, we feel its important to offer as close to the same amount of days as we can.

So, again, just looking for experience.
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Old 05-22-2011, 10:59 PM   #5
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Re: Custodial Parents who Have moved out of state...

Because he has sole physical and sole legal I would say his chances are pretty good; unless there is some sort part of their custody agreement that goes over this situation. If he had joint custody I would say his chances are much less because a lot of time the parent that moves looses custody. Of course this all varies by state and is only my opinion.
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Old 05-22-2011, 11:01 PM   #6
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Re: Custodial Parents who Have moved out of state...

You may want to try some of the divorce message boards. Your state is clearly state specific as many states don't allow grandparent rights so if grandma got them, I know in some states it occurs but here I've never heard of it.

Good luck.
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