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caring soul
Dec 2, 2008, 07:13 PM
Hi, I have a friend who had two children with his now ex girlfriend. They were never married. His son is 6 and daughter 2. She finally got her dream job working for the Parks Department in NY. He pays her child support.
They have been in and out of court a lot in the past couple of months. He was awarded weekend visitation rights with his kids as she was keeping them from him though he was paying her child support directly. Because there was no receipts he could not prove it. (She is getting less now with the court order child support)

She recently decided she wants to move to PA. Her job is still here in NYC as is her family.

My question is, can she do this? I know the courts tend to support the mother's decisions over the fathers and since she is not a drug addict nor in trouble with the law. He is miserable as he has no way to get to PA as his job definitely does not pay enough less the child support and his rent. He does not own a car.

If the courts allow this what happens to his rights since the courts did award him every weekend for visitation? Would she have to bring them back into the city?

Please help, me and his friends hate to see him this hurt.

ScottGem
Dec 2, 2008, 07:21 PM
First, big mistake to not keep proof of the support.

Second, Support and visitation are two separate things. Just because one pay support doesn't mean they get visitation and vice versa.

However, if the court ordered visitation, then she cannot make a move that would impact the visitation order without court approval.

Your friend needs to ask the court for an order enjoining her from moving out of the area.

Fr_Chuck
Dec 2, 2008, 08:27 PM
1. always use a method with a receipt if paying child support

2. if mother refuses visits how many times have you been to court to get a order for her to produce the children.

3. what does the court order say about right of parent to move ?

4. take her back to court to try to stop the move.