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BM moving and relocating SS

itsgottostop's picture
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My husband's ex just sent a certified letter stating that they plan to move nearly 2 hours away from us. My SS just started kindergarten this year and BM just remarried in September. Her reason for moving is "stepfather obtaining a new job". They are already scheduled to go back to court at the end of January because of all the issues with child custody already. My husband filed to take her back to court and fight for primary custody. They plan on moving at the beginning of January and the court date is not until the end of January. Anybody know what might happen in this situation?

itsgottostop's picture

Yeah, he is going to file a petition. We were just wondering if anyone else has ever been through this so we could kind of get an idea of what the judge might do. Allow her to move and take the child or give the father custody?

caya506's picture

If there is a court order in place then legally she cannot move if it would affect his visitation.

itsgottostop's picture

There is a court order in place and has been for 3 years now. We have my SS every thursday at 6 until Friday at 6 plus every 1st and 3rd weekend from friday at 6 to sunday at 6. All holidays are split as well as the child's birthday. We have him 2 weeks in june and 2 weeks in july as well. My husband has police reports where he was denied visitation simply because she had other plans and wouldn't let us have him. She doesn't include my husband in any school/sporting events. She doesn't tell him when she is taking him to the doctor or dentist. It's pretty much like she makes all the decisions and we babysit him when she wants to go do something. She completely ignores the court ordered custody papers.

itsgottostop's picture

They are not moving because the stepfather found a better job, by the way. They are moving because the step father (of 2 months) wants to move back to his home town. He has been living and working here for 2 years now.

itsgottostop's picture

It is in the custody papers that she is to notify the father of any and all doctor/dentist visits as soon as the appt date and time are made available to her. She's in contempt on several different things. Thanks for all the advice. We'll see what the lawyer says on monday when he calls her (they are closed the rest of the week for TG).