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KimballJ · Nov 20, 2013, 12:30 PM

The co-parent and I were never married. We have an existing parenting plan that allots for generous visitation. The co-parent rarely adheres to the specifics of the visitation schedule (ie. Frequently shows up late for drop off, refuses to get the child to sports practices on time if he brings her at all). The co-parent and I have a VERY hostile relationship due to his inability to adhere to the order and just do the right thing. He owes significant child support arrears but considers himself 'current' because he's paying every two weeks. The co-parent was the parenting figure in the lives of my 2 older kids (from a previous relationship) for 8 years. We have 1 child together. When we separated, the co-parent ceased all communications with the older children causing each of them hostility toward him.

I'm re-marrying in the spring. My significant other is in the Navy and I want to move near his base. The current existing court order does not specify the child cannot be moved out of the state. Relocating will allow me the opportunity to further my education. I've been 'seeking gainful and full time employment' in NH since April to no avail. I have little to no contact with my family. I can prove the education for the child will be a tremendous improvement. I can prove the environment will be a tremendous improvement. I can prove the opportunity for her to flourish in extracurricular that are not available here. This relocation will not eliminate the visitation. The only real change to the current order would be our physical address and instead of having a 3 hour visit on Tuesdays and Thursdays (to which he has missed 5 of the last 12 visits with one excuse or another), they will have to Skype.

Can I move the child without a court order? I understood the law to be that I need to provide a minimum of 60 days’ notice and if he objects, he has the right to ask for a hearing?

ScottGem · Nov 20, 2013, 01:17 PM

If I understand you, there is a current plan, approved by a court, that specifies that he has 3 hour visits on Tuesdays and Thursdays. If that is the case, you need to go through the courts to get approval to move. It doesn't matter if the order says nothing about moving. It doesn't matter that he is not adhering to the order. You would be preventing him from doing what the order specifies, so you have to get the court to modify it.

You would file a petition in the local court to modify the order. A hearing would be set and a summons served on him. At the hearing, you would need to be prepared to show how moving will be in the best interests of the children. The court will then determine whether to allow the move.

Part of your preparation would be to show that he is not following the order, that he is missing visits etc.

KimballJ · Nov 20, 2013, 02:53 PM

Originally Posted by ScottGem

If I understand you, there is a current plan, approved by a court, that specifies that he has 3 hour visits on Tuesdays and Thursdays. If that is the case, you need to go through the courts to get approval to move. It doesn't matter if the order says nothing about moving. It doesn't matter that he is not adhering to the order. You would be preventing him from doing what the order specifies, so you have to get the court to modify it.

You would file a petition in the local court to modify the order. A hearing would be set and a summons served on him. At the hearing, you would need to be prepared to show how moving will be in the best interests of the children. The court will then determine whether to allow the move.

Part of your preparation would be to show that he is not following the order, that he is missing visits etc.

The order actually specifies every Tuesday and Thursday night from 'After work' until 8pm and every other Friday 'After work' until Sunday at 7pm. So I have to go to the court and file a motion to modify the existing parenting plan?

KimballJ · Nov 20, 2013, 02:55 PM

Originally Posted by KimballJ

The order actually specifies every Tuesday and Thursday night from 'After work' until 8pm and every other Friday 'After work' until Sunday at 7pm. So I have to go to the court and file a motion to modify the existing parenting plan?

It also mandates that I have to meet him halfway to drop her off for this visit and he has to drive her all the way home. I've already moved once since the order was put in place 4 years ago.

ScottGem · Nov 20, 2013, 03:11 PM

And, if that earlier move made his visitation harder, he could have held you in contempt of court over it.

But the bottom line is that a court order exists. You can't do anything to that interferes with his rights under that order unless the court approves it.

AK lawyer · Nov 20, 2013, 03:19 PM

Originally Posted by KimballJ

The only real change to the current order would be our physical address and instead of having a 3 hour visit on Tuesdays and Thursdays (to which he has missed 5 of the last 12 visits with one excuse or another), they will have to Skype.

Surely you jest. Skype is not an acceptable substitute for in-person visitation. If you try this, without first getting the court to approve the change, the child's father will have ample cause for getting you held in contempt of court.