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planetm · Jul 9, 2011, 08:30 PM

Long story short, my ex lives 5 hours away, and has visitation of our son2 times per year as per court order. My son and I live in Texas as well, near no family and we want to move to be closer to them. I have sole custody with no residence restrictions and full rights to choose child's residence, medical, and education. I want to move us closer to 30+ family members in WA and will uphold the current custody order. My questions are:
1. If I filed an Intent to Relocate 6 weeks before we want to move (to start the new school year on Sept 6) and the non-custodial parent waits until the last minute to file a motion, does that mean my son and I cannot leave the state until the hearing? Is it likely there would be a restriction to stop the move and would I be breaking the law if we move and I return for hearing?
2. How likely will judge set a hearing to modify IF non-custodial parent is still getting his visitation as order suggests and the move shows a benefit to the child? (Will there be a hearing no matter what if non-custodial parent files to modify or does judge have to agree to a hearing?)

3. What if parent suddenly decides he wants more visitation (but has not shown interest in 7 years since we split)?

Sorry for all questions. I am just worried. I am being civil and upholding my visitation but my ex is notorious for making things very difficult for us. I want my son to start his school year off to a good start and I pray that we are not held up over ego issues rather than what is best for our son. Please advise anything that may help. Thank you so much for your time.

ScottGem · Jul 9, 2011, 09:26 PM

Lets face it, moving over a 1000 miles away is not the same as a few hundred. You would have to reimburse the father for his additional expenses in getting his visitation.

But if you do that I don't see the court refusing you. But you should have filed already. If the rules give him 6 weeks to respond, then he may be able to throw a monkey wrench in the works.

I would strongly suggest you hire an attorney who can advise you on how to deal with this.

cdad · Jul 10, 2011, 04:59 AM

What type of visitation does he have ?

Fr_Chuck · Jul 10, 2011, 07:28 AM

Normally no you can not move till the hearing. ( assume you are given permission)

At the hearing, arrangements for transport of the child will have to be made, normally since you are the one wanting to move, you may be required to pay for air fare to fly the child back for the visit with the other parent. If you agree to that, it is possible they may allow