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You are here: Experts > Parenting/Family > Step-Parenting > Family Law (Divorce, Family Relations) > Relocation: Visitation with Dad
Expert: Jeff Laatsch - 10/21/2009
Question
QUESTION: My fiance (let's call him Jack) and I have been trying to get his daughter, (let's call her Kate) here or send him to see her since father's day this year. The problem is that Jack had not been an active parent for about three years until about march of this year, he says that everytime he does have contact with Kate that her mother moves and makes it difficult for him to make any arangements to be with her or even to maintain contact.Since reestablishing contact then he has been calling Kate on a regular basis and trying to be a part of her life. Unfortunately His Ex (let's call her Jill) does not want to let Kate come here and visit, she has already moved once shortly after we made a plan to visit, and when we bought him a ticket to come down for Father's day she changed the plan at the last minute and he could not come up with fourty dollars for the gas, Jack did a side job for the money but the person he worked for got in a car accident and had to use the money to fill a prescription and did not pay Jack. Now Jill will not let him come down for a visit at her home or pick him up, this was the original plan. He has since gotten a job so he can start paying his child support and cannot take the time off to go down there and working only 17 hours a week he doesn't make enough to pay for another bus ticket, a cab 40 miles, a hotel room for himself, and also another hotel room for her (her condition of letting him see his daughter he has to pay for a hotel room for her also during the visit because he missed the first visit because of the forty dollars for gas)Is there anything he can do to see his daughter. It seems so unfair that they started there family here in aberdeen, washington (Grays Harbor County) and she has just moved around with his daughter, even as far as Oklahoma, she is currently a seven hour drive away. He is still in the town that the child was born in and the town they were married in but cannot file for divorce here, the reason we are not able to get married, and cannot file a parenting plan here are there any loop holes the child has not lived her in over two years, and he cannot afford to go down to Pend Oreille County to fight a coustody battle he just wants to be able to see his daughter he has been asking Jill for help for the last eight months without success.
ANSWER: Elizabeth:
DISCLAIMER:
I AM NOT A LAWYER or ATTORNEY. I am someone who has experience with family law issues, and am sharing my OPINION only. For the exact law as it pertains to your specific case contact a Professional Attorney in your area/county/country.
I recommend that 'Jack' hire a Professional Attorney: Most Attorneys offer 1/2 free consultation time to discuss case and payment options.
There appears to be something missing in this 'story' so I would recommend you take all legal papers Dad has: Divorce Degree, Parenting Plan, Child Support Order, etc to Attorney for review. Then let the Attorney make a decision on what to do next to establish a 'stable visiting' plan for said child with Dad.
One thing is for certain:
1. Mom cannot use child against DAD and NOT allow Dad to visit said child UNLESS there is a part of story of Dad not written.
2. Mom cannot just pick up and leave: IF parenting plan in place and Dad is visiting: Here is some informaton on Relocation.
Relocation and laws in place:
Lets be perfectly clear the laws have gotten tougher on Primary parents whom simple desire to 'move' at will. There are a lot of issues concerning moving a child out of State. Many States are adopting new laws to prevent Parents move out of State for the child sake.
Most require that the parent seeking permission to move the child demonstrate that the move would advance the child’s best interest.
Not unlike the present law, the new law provides that a parent cannot relocate out of the state with a minor child unless that parent has:
1. consent of the other parent, if that parent has been given parenting time by an order or decree; or
2. an order of the court allowing the relocation.
As a result, it is incumbent upon the parent seeking to relocate out-of-state to file a motion and acquire an order allowing that relocation before doing so. A failure to follow this procedure creates a serious risk that the dissenting parent may seek an ex parte order changing custody immediately pending a hearing on the relocation issue.
When the matter is considered by the court, a judge may not allow the relocation if it is demonstrated that the purpose of the move is to interfere with parenting time that has been given to the other parent by a decree or order. In the past, when determining whether to allow a parent to relocate with the child, there was a presumption in favor of maintaining the present custodial arrangement.
In other words, the custodial parent had significant advantage in court when seeking to relocate, with a legal presumption in his/her favor. As a direct result, in most cases the relocation was allowed. This presumption and advantage no longer exist under the new law. The end result is that it will be far more difficult for a parent to relocate out-of-state and away from the other parent with a minor child.
Under the new laws, such move-away determinations are made based on what is in the best interests of the child. The factors the court must consider in determining the child’s best interests include, but are not limited to:
1. the nature, quality, extent of involvement, and duration of the child's relationship with the person proposing to relocate and with the non-relocating person, siblings, and other significant persons in the child's life;
2. the age, developmental stage, needs of the child, and the likely impact the relocation will have on the child's physical, educational, and emotional development, taking into consideration special needs of the child;
3. the feasibility of preserving the relationship between the non-relocating person and the child through suitable parenting time arrangements, considering the logistics and financial circumstances of the parties;
4. the child's preference, taking into consideration the age and maturity of the child;
5. whether there is an established pattern of conduct of the person seeking the relocation to either promote or thwart the relationship of the child and the non-relocating person;
6. whether the relocation of the child will enhance the general quality of life for both the custodial parent seeking the relocation and the child, including, but not limited to, financial or emotional benefit or educational opportunity;
7. the reasons of each person for seeking or opposing the relocation; and
8. the effect on the safety and welfare of the child, or of the parent requesting to move the child's residence, or evidence of domestic abuse, as defined in section 518B.01.
It is critical to note that the new laws places the burden of proof on the parent requesting to move the residence of the child to another state.
Work with Attorney.
Kind regards,
Jeff
---------- FOLLOW-UP ----------
QUESTION: they have been married 10 years and were only together for 3 but we cannot file the divorce or parenting plan because she lives in another county (not another state) I just wondered if we would get in trouble if we just tried to file it here anyway?
Answer
Elizabeth:
DISCLAIMER:
I AM NOT A LAWYER or ATTORNEY. I am someone who has experience with family law issues, and am sharing my OPINION only. For the exact law as it pertains to your specific case contact a Professional Attorney in your area/county/country.
You cannot file in the county you live in: You must file the Divorce papers either : 1. Where the orginal marriage or divorce took place UNLESS ex plus child has relocated whereby they have established residency and child(ren) are going to school in that county for over a period of one year.
I strongly recommend that you hire a Professional Attorney: Most Attorneys offer 1/2 free consultation time to discuss case and payment options: Consult with LOCAL attorney first then upon attorney only recommendation hire a Professional Attorney in area where Mom and children live: Have the attorneys work together to establish the case and get things resolved.
Kind Regards,
Jeff
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