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    jrwilson1984's Avatar
    jrwilson1984 Posts: 1, Reputation: 1
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    #1

    Apr 26, 2009, 11:46 AM
    Moving To Another State With My Child
    I live in NH I have a five year old daughter and I have full custody. Her father wasn't in her life consistently until a little over a year ago. He lives about two hours away and only takes her once a month for four nights, three of those nights he is working. He doesn't make any additional efforts to see her. She was brutally attacked by a dog last year and he couldn't even visit her.

    We have a parenting plan in order that states if one of us is to move more then fifteen miles away from the other parent we are to give a sixty day written notice.

    I have been wanting to move out of New England for a long time and now have the oppurtunity. Can he legally keep me here? I have no intentions of stopping him from seeing her and would even be willing to help pay for transportation costs.
    cadillac59's Avatar
    cadillac59 Posts: 1,326, Reputation: 94
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    #2

    Apr 26, 2009, 11:53 AM

    He can keep you there at least until a court says you can leave with your child, if that is what you mean. Will he prevail in gaining custody if you move or will you end up having to stay to retain custody? That's up to a court to decide. The standard of review may be best interests, it may be a different standard depending on how the current custody orders came to be or the state you are in.
    Sunflowers's Avatar
    Sunflowers Posts: 218, Reputation: 23
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    #3

    Apr 26, 2009, 11:56 AM

    I believe the sixty day notice is so new arrangements for visits can be made, not so he can prevent you from moving. Give him his notice so you and he can work out the details of a new visitation plan and schedule.
    cadillac59's Avatar
    cadillac59 Posts: 1,326, Reputation: 94
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    #4

    Apr 26, 2009, 12:01 PM
    Quote Originally Posted by Sunflowers View Post
    I believe the sixty day notice is so new arrangements for visits can be made, not so he can prevent you from moving. Give him his notice so you and he can work out the details of a new visitation plan and schedule.
    The sixty day notice is to give him the chance to go to court and stop the move.
    gizmoegirl's Avatar
    gizmoegirl Posts: 4, Reputation: 1
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    #5

    Apr 30, 2009, 06:11 PM
    I moved from NH to Az with my daughter. I also had that same clause in my custody order. You must give that sixty day notice. If he does not object to the notice, you may relocate after the sixty days. Be sure to supply all information to the court as well. However, if he objects you will have to say in NH until the court determines that you can go.
    firefly9550's Avatar
    firefly9550 Posts: 14, Reputation: 2
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    #6

    May 2, 2009, 03:08 PM
    Quote Originally Posted by Sunflowers View Post
    I believe the sixty day notice is so new arrangements for visits can be made, not so he can prevent you from moving. Give him his notice so you and he can work out the details of a new visitation plan and schedule.
    No the 60 day notice is so he can seek legal advice and put into plan with or without an attorney. Going to court takes prparation.
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