when non custodial parent moves without notice

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:OP here, thanks. I was just trying to get some preliminary info! I think all the detail matter too much to find much of use on the internet, but like I said, I did run into several attorney websites that seemed to indicate the rules for custodial parent in MD are stricter in that they cannot move out of state without getting the courts permission, but the non custodial parent does not have to go through the courts just to move.

In my friend's case her ex up and moved without telling her anything at all and she is concerned he will try to force her to pay for flights to california for visitation. I figured he couldnt do THAT without having to engage the lawyer. But she could not have done the same thing, just move without getting the courts permission.

He does not need permission. He should pay for the flights. She could have moved. Courts rarely care.

OP here. To clarify, my friend was not the one who wanted to move. I was just pretty sure that her ex had to inform someone he was moving. I went searching for that information. It turns out the custodial parent is supposed to go through the courts if they intend to move, but I couldn't find an equivalent requirement for the non custodial spouse.

Ooops, I meant non custodial parent/ex spouse!

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:OP here, thanks. I was just trying to get some preliminary info! I think all the detail matter too much to find much of use on the internet, but like I said, I did run into several attorney websites that seemed to indicate the rules for custodial parent in MD are stricter in that they cannot move out of state without getting the courts permission, but the non custodial parent does not have to go through the courts just to move.

In my friend's case her ex up and moved without telling her anything at all and she is concerned he will try to force her to pay for flights to california for visitation. I figured he couldnt do THAT without having to engage the lawyer. But she could not have done the same thing, just move without getting the courts permission.

He does not need permission. He should pay for the flights. She could have moved. Courts rarely care.

OP here. To clarify, my friend was not the one who wanted to move. I was just pretty sure that her ex had to inform someone he was moving. I went searching for that information. It turns out the custodial parent is supposed to go through the courts if they intend to move, but I couldn't find an equivalent requirement for the non custodial spouse.

NP and it doesn't really matter what he's supposed to do, the practical question is what is the remedy? If he is the non-custodial parent, it's not like they're going to make him move back to his old house. I suppose it's possible the judge might scold him for it but that's unlikely too. The only practical consideration is how this affects their visitation arrangement and whether that needs to be modified. Perhaps if the move relates to the number of nights changing then maybe the CS portion needs to be modified too.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:OP here, thanks. I was just trying to get some preliminary info! I think all the detail matter too much to find much of use on the internet, but like I said, I did run into several attorney websites that seemed to indicate the rules for custodial parent in MD are stricter in that they cannot move out of state without getting the courts permission, but the non custodial parent does not have to go through the courts just to move.

In my friend's case her ex up and moved without telling her anything at all and she is concerned he will try to force her to pay for flights to california for visitation. I figured he couldnt do THAT without having to engage the lawyer. But she could not have done the same thing, just move without getting the courts permission.

He does not need permission. He should pay for the flights. She could have moved. Courts rarely care.

OP here. To clarify, my friend was not the one who wanted to move. I was just pretty sure that her ex had to inform someone he was moving. I went searching for that information. It turns out the custodial parent is supposed to go through the courts if they intend to move, but I couldn't find an equivalent requirement for the non custodial spouse.

NP and it doesn't really matter what he's supposed to do, the practical question is what is the remedy? If he is the non-custodial parent, it's not like they're going to make him move back to his old house. I suppose it's possible the judge might scold him for it but that's unlikely too. The only practical consideration is how this affects their visitation arrangement and whether that needs to be modified. Perhaps if the move relates to the number of nights changing then maybe the CS portion needs to be modified too.

OP here, exactly. Friend was concerned he would try to force HER to pay for plane tickets to california for two children. It just doesnt sound like something he can demand.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:OP here, thanks. I was just trying to get some preliminary info! I think all the detail matter too much to find much of use on the internet, but like I said, I did run into several attorney websites that seemed to indicate the rules for custodial parent in MD are stricter in that they cannot move out of state without getting the courts permission, but the non custodial parent does not have to go through the courts just to move.

In my friend's case her ex up and moved without telling her anything at all and she is concerned he will try to force her to pay for flights to california for visitation. I figured he couldnt do THAT without having to engage the lawyer. But she could not have done the same thing, just move without getting the courts permission.

He does not need permission. He should pay for the flights. She could have moved. Courts rarely care.

OP here. To clarify, my friend was not the one who wanted to move. I was just pretty sure that her ex had to inform someone he was moving. I went searching for that information. It turns out the custodial parent is supposed to go through the courts if they intend to move, but I couldn't find an equivalent requirement for the non custodial spouse.

NP and it doesn't really matter what he's supposed to do, the practical question is what is the remedy? If he is the non-custodial parent, it's not like they're going to make him move back to his old house. I suppose it's possible the judge might scold him for it but that's unlikely too. The only practical consideration is how this affects their visitation arrangement and whether that needs to be modified. Perhaps if the move relates to the number of nights changing then maybe the CS portion needs to be modified too.

OP here, exactly. Friend was concerned he would try to force HER to pay for plane tickets to california for two children. It just doesnt sound like something he can demand.

Its a valid concern but right now if that were to happen, he'd have to go to court and get the order modified and a judge to order her to pay for it. He can move anywhere he wants. The issue is the visitation schedule and costs. She needs to talk to him and propose a reasonable schedule and tell him he is 100% responsible for plane tickets. If he doesn't like it, he can go to court. Generally with a move away the person moving should pay plane tickets but they can modify the child support to include travel expenses. Right now she's only obligated to keep the current schedule. Anything above that needs to be negotiated.

[Anonymous]

Non custodial parent does not legally have to inform custodial parent of the move. But, if they move and still want visitation, if the custodial parent doesn’t agree to the NCP’s proposed new visitation scheme, he will have to go to court and get the court to change it. The court will certainly make the NCP bear any increased cost. Any CP who doesn’t want to agree to a new visitation scheme should really see a lawyer because, while there may be good reasons to refuse, you don’t want to be seen as obstructing the NCP-DC relationship, which could be cause for a change in custody.

It’s not so much that the CP can’t move, but that the child can’t move (and thus the CP) because of the presumption that remaining in the same area gives the child stability.

I would not necessarily up and move more than the allowed distance without consulting an attorney. Moving away can change jurisdiction and the balance of consideration in the best interests of the child. This was actually an aspect of the Kelly Rutherford custody case. Her ex couldn’t move to the US and she moved from CA to NY where the court viewed the custody decision differently. Had she remained in ÇA, it is unlikely that there would have been the same grounds for change of custody.

[Anonymous]

Anonymous wrote:Non custodial parent does not legally have to inform custodial parent of the move. But, if they move and still want visitation, if the custodial parent doesn’t agree to the NCP’s proposed new visitation scheme, he will have to go to court and get the court to change it. The court will certainly make the NCP bear any increased cost. Any CP who doesn’t want to agree to a new visitation scheme should really see a lawyer because, while there may be good reasons to refuse, you don’t want to be seen as obstructing the NCP-DC relationship, which could be cause for a change in custody.

It’s not so much that the CP can’t move, but that the child can’t move (and thus the CP) because of the presumption that remaining in the same area gives the child stability.

I would not necessarily up and move more than the allowed distance without consulting an attorney. Moving away can change jurisdiction and the balance of consideration in the best interests of the child. This was actually an aspect of the Kelly Rutherford custody case. Her ex couldn’t move to the US and she moved from CA to NY where the court viewed the custody decision differently. Had she remained in ÇA, it is unlikely that there would have been the same grounds for change of custody.

It depends on what is stated regarding relocation in the custody agreement/order. Notification of relocation is required in my agreement, hence legally required. So if the non-custodial parent in my situation were to up and relocate and not notify me, that would definitely be a legal violation/violation of the custody order. The rest is correct though. Notification is one thing, and depending on how detailed an agreement is regarding relocation, the non-custodial parent would have to file in court to try and get the visitation schedule changed. The non-custodial parent would need to show the court a compelling reason for the move. You can't just up and move because you feel like it and expect the child and other parent to suffer the consequences. And there's no way in hell the court would make the custodial parent cover any increased cost as a result of the non-custodial parent's move.

[Anonymous]

Anonymous wrote:Non custodial parent does not legally have to inform custodial parent of the move. But, if they move and still want visitation, if the custodial parent doesn’t agree to the NCP’s proposed new visitation scheme, he will have to go to court and get the court to change it. The court will certainly make the NCP bear any increased cost. Any CP who doesn’t want to agree to a new visitation scheme should really see a lawyer because, while there may be good reasons to refuse, you don’t want to be seen as obstructing the NCP-DC relationship, which could be cause for a change in custody.

In my state, both parents have to inform the other of moves.