Joint custody & one parent relocating
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Anonymous
| What if one parent decides to relocate, but the other parent having joint custody? Can that parent just take the child w/o justifiably taking him from the other parent? Jurisdiction is in DC. |
Anonymous
| Talk to a lawyer. The remaining parent should at least get extensive "visitation" and the relocating parent doing all/paying for all the transportation as they moved away. |
Anonymous
| Some custody agreements prevent relocation of the child. I would talk to a lawyer ASAP if yours doesn't about options for preventing the move. |
Anonymous
Actually, we're in the process of drawing up a custody agreeement, & I want this added. Right now, there are no plans of my EX leaving, but they are dating someone from out of town, & I just don't trust my EX, AT ALL. The fact that my EX has minimal involvement, & I am the more active parent, by far, I dont' think it'll be an issue, but I'll feel better w/something in writing. Hoping they don't resist agreeing. |
Anonymous
|
The agreement won't prevent your ex from moving, just will prevent your ex from moving with the child.
I have seen clauses stipulating child will not change school districts without both parents written consent. Other clauses speak to both parents agreeing that stability is important and neither will move more than x miles. If one moves more than x miles custody/visitation will change. Check on some father's rights sites. They are typically the ones fighting to see their kids and to stay involved in their kids lives so it is more likely the fathers wanting non-relocation clauses. |
Anonymous
I could care less where my EX moves. I just want to make sure my child & I are protected, if the EX decides to move. These are good points. I will bring them up to my attorney. Thanks. |
Anonymous
|
You and your ex can have joint custody, but you can have SOLE physical custody. That means that the child resides with you and visits the ex, whether he lives in DC or in Timbuktu. The two of you will work to make major medical and educatonal decisions together.
Put something in the agreement that if either party moves away, the child will be picked up and returned to the home where she is residing (ie your house) It will not be up to you to meet him somewhere in the middle of another state. |
Anonymous
In mine (we have a long distance plan as we're 1500mi apart), it states that exchanges will take place at a major airport near the child's home. Not sure how old your DC is, but mine was 2 when the plan was written and I had it spelled out that XH (or someone known to DC) is to accompany DC until 8yo on all flights. After 8yo, DC can fly alone, but only on direct flights. We split travel 50/50, tickets are to be purchased by XH, I reimburse and everything has to be finalized at least 30 days in advance or travel doesn't happen. Essentially, the burden is on XH to make the visits happen. My plan is unusual, usually the parent that moves has to pay 100% of the travel costs and I know some parents split the travel time (who accompanies the kid) and use the airlines' guidelines for unaccompanied minors, which I think is 5yo. My XH is a piece of work though, rarely pays child support and disappears for months at a time. The judge is the one that added some of the stipulations, without me asking or suggesting, to protect DC and me. We also have a stipulation that if we live less than 100mi apart, the parenting plan/visitation schedule changes and XH gets more time. He does all travel at that point. |
Anonymous
|
OP,
Relocation language is pretty standard. Your lawyer can suggest something that applies to your situation. |