WORLD Law Direct Forums
Home > WORLD Law Direct Forums > FAMILY LAW, DIVORCE, CUSTODY > Child Custody & Support > Should I have been legally notified that my child is moving out of state?

Should I have been legally notified that my child is moving out of state?

This is a discussion on Should I have been legally notified that my child is moving out of state? within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; I am a non-custodial parent paying child support in Illinois. I have recently found out that the mother (Custodial parent) ...

Consult Your Own Personal Lawyer Now!
Reply  POST NEW QUESTION

 

Thread Tools Search this Thread Rate Thread Display Modes
Old Jul 14th, 2009, 02:01 PM   #1
Junior Member
 

WillQA's Avatar
 
Join Date: Jul 2009
Posts: 1

Unhappy Should I have been legally notified that my child is moving out of state?

I am a non-custodial parent paying child support in Illinois. I have recently found out that the mother (Custodial parent) is moving out of state with my child. She has not told me that she is moving but it was confirmed to me by someone else. It will be extremely difficult and nearly impossible to pay for travel back and forth to another state to see my son. What are my rights? Should I have been legally notified that my child is moving out of state from the custodial parent? They will be moving within the next few weeks and I do not know how I should confront this situation.

Please help.
WillQA is offline   Reply With Quote
Sponsored Links
Doing business in China? Need legal help or advice? Contact our international and Chinese lawyers 24 hours! WORLD Law Direct offers an experienced team of American and Chinese legal professionals.
Old Jul 14th, 2009, 02:16 PM   #2
Top Level Member
Country:  
sunlover's Flag is: United States
 

sunlover's Avatar
 
Join Date: Dec 2008
Location: USA
Posts: 2,108

Default re: Should I have been legally notified that my child is moving out of state?

Take her back to court to address issue. If the move is not a necessity it spossible she could be forced to pay for all or most of the travel expenses
sunlover is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Jul 14th, 2009, 04:51 PM   #3
Top Level Member
Country:  
Gbyte's Flag is: United States
 
Gbyte's Avatar
 
Join Date: Sep 2008
Posts: 2,138

Default re: Should I have been legally notified that my child is moving out of state?

check your custody papers - see if a move notice is required. Then consult with an attorney (ASAP). Are you actively involved in the childs life as much as you can be?
Gbyte is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Jul 14th, 2009, 10:01 PM   #4
Senior Member
Country:  
MenRparents2's Flag is: United States
 

MenRparents2's Avatar
 
Join Date: Jun 2009
Posts: 66

Default re: Should I have been legally notified that my child is moving out of state?

Quote:
Originally Posted by Gbyte View Post
check your custody papers - see if a move notice is required. Then consult with an attorney (ASAP). Are you actively involved in the childs life as much as you can be?
You actually did good here till that last part? Are you actively involved in the childs life as much as you can be?

Is this relevant to you or in the situation or does the state order apply if applicable? I really think you are upset here and are looking for another way to attemp a GByteism b/c the poster did not give you the chance to do it initally!
MenRparents2 is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Jul 14th, 2009, 10:18 PM   #5
Senior Member
Country:  
BByte's Flag is: United States
 

BByte's Avatar
 
Join Date: May 2009
Posts: 90

Default re: Should I have been legally notified that my child is moving out of state?

Check your state laws around relocation, most states are 30 or 60 days. You can file to challenge the move. She can move anywhere, that doesnt mean the children can. Check what is in your custody agreement around relocation. Each state is similar but as an example, here is Mo. statute to give you some insight:


The court shall consider a failure to provide notice of a proposed relocation of a child as:

(1) A factor in determining whether custody and visitation should be modified;

(2) A basis for ordering the return of the child if the relocation occurs without notice; and

(3) Sufficient cause to order the party seeking to relocate the child to pay reasonable expenses and attorneys fees incurred by the party objecting to the relocation.

6. If the parties agree to a revised schedule of custody and visitation for the child, which includes a parenting plan, they may submit the terms of such agreement to the court with a written affidavit signed by all parties with custody or visitation assenting to the terms of the agreement, and the court may order the revised parenting plan and applicable visitation schedule without a hearing.

7. The residence of the child may be relocated sixty days after providing notice, as required by this section, unless a parent files a motion seeking an order to prevent the relocation within thirty days after receipt of such notice. Such motion shall be accompanied by an affidavit setting forth the specific factual basis supporting a prohibition of the relocation. The person seeking relocation shall file a response to the motion within fourteen days, unless extended by the court for good cause, and include a counter-affidavit setting forth the facts in support of the relocation as well as a proposed revised parenting plan for the child.

8. If relocation of the child is proposed, a third party entitled by court order to legal custody of or visitation with a child and who is not a parent may file a cause of action to obtain a revised schedule of legal custody or visitation, but shall not prevent a relocation.

9. The party seeking to relocate shall have the burden of proving that the proposed relocation is made in good faith and is in the best interest of the child.

10. If relocation is permitted:

(1) The court shall order contact with the nonrelocating party including custody or visitation and telephone access sufficient to assure that the child has frequent, continuing and meaningful contact with the nonrelocating party unless the child's best interest warrants* otherwise; and

(2) The court shall specify how the transportation costs will be allocated between the parties and adjust the child support, as appropriate, considering the costs of transportation.

11. After August 28, 1998, every court order establishing or modifying custody or visitation shall include the following language: "Absent exigent circumstances as determined by a court with jurisdiction, you, as a party to this action, are ordered to notify, in writing by certified mail, return receipt requested, and at least sixty days prior to the proposed relocation, each party to this action of any proposed relocation of the principal residence of the child, including the following information:

(1) The intended new residence, including the specific address and mailing address, if known, and if not known, the city;

(2) The home telephone number of the new residence, if known;

(3) The date of the intended move or proposed relocation;

(4) A brief statement of the specific reasons for the proposed relocation of the child; and

(5) A proposal for a revised schedule of custody or visitation with the child.

Your obligation to provide this information to each party continues as long as you or any other party by virtue of this order is entitled to custody of a child covered by this order. Your failure to obey the order of this court regarding the proposed relocation may result in further litigation to enforce such order, including contempt of court. In addition, your failure to notify a party of a relocation of the child may be considered in a proceeding to modify custody or visitation with the child. Reasonable costs and attorney fees may be assessed against you if you fail to give the required notice.".

12. Violation of the provisions of this section or a court order under this section may be deemed a change of circumstance under section 452.410, allowing the court to modify the prior custody decree. In addition, the court may utilize any and all powers relating to contempt conferred on it by law or rule of the Missouri supreme court.

13. Any party who objects in good faith to the relocation of a child's principal** residence shall not be ordered to pay the costs and attorney's fees of the party seeking to relocate.

(L. 1984 H.B. 1513 452.375 subsec. 6, A.L. 1998 S.B. 910)

*Word "warrant" appears in original rolls.
__________________
Not a Lawyer, just a friend, going through the same things you are.
BByte is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Jul 15th, 2009, 06:21 AM   #6
Top Level Member
Country:  
Gbyte's Flag is: United States
 
Gbyte's Avatar
 
Join Date: Sep 2008
Posts: 2,138

Default re: Should I have been legally notified that my child is moving out of state?

Quote:
Originally Posted by MenRparents2 View Post
You actually did good here till that last part? Are you actively involved in the childs life as much as you can be?

Is this relevant to you or in the situation or does the state order apply if applicable? I really think you are upset here and are looking for another way to attemp a GByteism b/c the poster did not give you the chance to do it initally!

It's relevant in that if they live 2 miles apart and he doesn't excercise his visitation/parenting time regularly, it could be cause to grant a move-away. However if he's VERY involved, taking them places, "babysitting" etc - it could be cause to deny a move away or order custody to stay with the parent NOT moving. ie he could win custody. Judges are granted wide descretion on custody decisions.
Gbyte is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Jul 15th, 2009, 12:01 PM   #7
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default re: Should I have been legally notified that my child is moving out of state?

Quote:
Originally Posted by MenRparents2 View Post
You actually did good here till that last part? Are you actively involved in the childs life as much as you can be?

Is this relevant to you or in the situation or does the state order apply if applicable? I really think you are upset here and are looking for another way to attemp a GByteism b/c the poster did not give you the chance to do it initally!
Yes, I am actively involved in my childs life.
  Reply With Quote

Did you find this post helpful? Yes | No
Old Jul 15th, 2009, 12:04 PM   #8
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default re: Should I have been legally notified that my child is moving out of state?

Quote:
Originally Posted by sunlover View Post
Take her back to court to address issue. If the move is not a necessity it spossible she could be forced to pay for all or most of the travel expenses
The move is being required by the Army Reserves, so in this case what can I really do but seek travel expenses to see my soon as my income can not afford it.
  Reply With Quote

Did you find this post helpful? Yes | No
Old Jul 15th, 2009, 12:11 PM   #9
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default re: Should I have been legally notified that my child is moving out of state?

Quote:
Originally Posted by Gbyte View Post
check your custody papers - see if a move notice is required. Then consult with an attorney (ASAP). Are you actively involved in the childs life as much as you can be?
Yes, I am actively involved in my childs life as I can be. My income does not allow much, but I spend quality time with him. My work hours and days fluctuate as I work in retail. I spend time talking to him on the phone, going to Movies, playing video games, spending time with family). I try to be as creatively as possible since I do not have the income to buy him a lot of things like I want. I don't own a car, but have access to one to see my children.
  Reply With Quote

Did you find this post helpful? Yes | No
Old Jul 15th, 2009, 01:00 PM   #10
known4mywit
Guest
 

known4mywit's Avatar
 
Posts: n/a

Default re: Should I have been legally notified that my child is moving out of state?

Quote:
Originally Posted by Gbyte View Post
However if he's VERY involved...
At first you said "involved", now it's "VERY involved". INVOLVED IS INVOLVED! If he is involved with kids, regardless of whether or not it is by YOUR standards, then he IS involved and that is what matters to him!


Regardless if you were involved or NOT, SHE STILL DIDN'T GO THROUGH THE PROPER CHANNELS! She should got taken her butt to court, like she was suppose to, and ask the judge to grant her permission to move with YOUR minor children. If you WERE NOT "involved", that would have been for the judge to decide, NOT HER and DEFINATELY NOT gbyte. This woman was out of line and I hope you get full custody since she did something so selfish and stupid.
  Reply With Quote

Did you find this post helpful? Yes | No
Reply

Bookmark & Share

This thread has 12 replies and has been viewed 3348 times

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Format Your Messages
Add Forum to Google Toolbar
Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
Moving child out of state (CT) cberc1973 Child Custody & Support 2 Mar 25th, 2014 01:22 PM
mother moving out of state: can she legally do that without his consent? Unregistered Child Custody & Support 19 Apr 16th, 2013 06:42 PM
Moving out of state: What I legally need to do through the courts? mel Child Custody & Support 7 May 3rd, 2012 11:40 AM
Child Support regarding her moving out of state Unregistered Child Custody & Support 1 Oct 14th, 2010 08:16 AM
Restraining Orders: Do I have to be legally notified? Unregistered Other Criminal Law Matters 1 May 22nd, 2007 02:18 PM


Doing business in China? Need legal help or advice? Contact our international and Chinese lawyers 24 hours! WORLD Law Direct offers an experienced team of American and Chinese legal professionals.


All times are GMT -5. The time now is 03:35 PM.