In a divorce with a child. Mother has filed relocate papers, How to stop her from relocating?

In a divorce with a child. Mother has filed relocate papers, How to stop her from relocating??
Mother just filed papers to relocate, How can I stop her from taking my child half way across the state?
Is she actually going to be able to relocate my child?

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13 Responses to “In a divorce with a child. Mother has filed relocate papers, How to stop her from relocating?”

  1. Papa Bear Says:

    This has been a problem in recent years with both Dr. Laura Schlessinger and Glenn Sacks writing extensively on it.

    Counter file for Bird Nest Custody

    It’s a form of access or custody where the children stay in the former family residence and it is the parents who rotate in and out separately and on a negotiated schedule.

    The children simply live at "home" and the separated or divorced parents take turns living with them there, but never at the same time.

    The core element of this arrangement is that each parent maintains a separate residence where they live when it is not their turn at the "bird’s nest". When one parent arrives for his/her designated time, the other vacates right away, so as to minimize or eliminate the presence of both at the same time.

    At times, bird’s nest access can be coupled with specified access with the other parent say, for example, for dinner one night a week.

    Sometimes, this form of access or custody will end when the youngest child reaches the age of majority at which time, one parent either buys the other out of their interest, if any, in the former family residence, or it is sold and the proceeds divided pursuant to the matrimonial property regime or separation agreement.

    The arrangement can be expensive as it generally requires that three separate residences be maintained, the "nest" and a separate residence for each parent.

    The concept is somewhat novel and appears to have as its origin a Virginia case Lamont v Lamont.
    In Canada, Greenough v Greenough was a ground-breaker case in that the Court implemented a bird’s nest custody order even though it had not been asked for by either party. Justice Quinn, in Greenough stated:

    "In Lamont … the court made a bird’s nest custody arrangement in which the children (aged 3 and 5 years) remained in the home, with the mother staying in the home during the week and the father on the weekend. I think that the benefits of a bird’s nest order are best achieved where the children are able to stay in the matrimonial home, particularly if it has been the only residence that they have known….

    "Time and time again I have seen cases (and this is one) where the children are being treated as Frisbees. In general, parents do not seem to appreciate the gross disruption to which children are subjected where one of the parents has frequent access. In this regard, I do not believe there must be evidence that the children are suffering before the court is free to act. To me, it is a matter of common sense. At the risk of falling prey to simplistic generalities, I am of the view that, given a choice, I do not see why anyone would select a living arrangement which involved so much movement from house to house."

    The biggest hurdle is finding an attorney who works for you and not to just drain your wallet.

    If you want to learn how to do all this go to Dads House in Yahoo Groups. There’s an educational manual in the file section that can teach you what you need to know. The organization it came from is defunct due to attorneys that tried to take it over and make money from it.

    Take the time to learn what you can and should do.

    http://health.groups.yahoo.com/group/DadsHouse/
    http://www.rcfp.org/taping/
    http://www.glennsacks.com
    http://www.parentalalienation.org/

  2. catsmeow Says:

    she can take that kid anywhere she wants …unless you can convince a judge otherwise…and that is almost impossible

  3. April M Says:

    If she has filed relocation papers through the court, then she cannot legally move until the judge provides her with the right. Make sure you have a lawyer when you go to court, and be prepared as to why it is not in the best interest of the children for her to move.

  4. Veronica Says:

    I just wanted to say how sorry I am to hear, this is must be really hard for you, gggeeezzz I wish I had some info for you, but none. It is nice to hear of a dad who wants to hang onto his child!!!!

  5. <Raised on Promises> Says:

    Hire a lawyer.

    Good luck.
    In most cases, the mother is granted permission to relocate.
    My Husband’s ex relocated his kids to another country.

  6. mom of 4 girls Says:

    I am not sure where you are from, but where I am from she has to have a reason (a good one) for moving. She has to have employment ready and it can not be to move in with someone new. Challenge her relocation intents. Check with your lawyer and get a stay so that she can’t leave after the divorce. Make that one of your counterclaims that she can’t cross state lines with your child without your written consent. It can be done, good luck.

  7. Cham Says:

    there are a few factors to consider.

    1. Will the move be in the best interest of the child.

    2. The current visitation schedule, and how often you miss if you do at all.

    3. What your current relationship with the child is like.

    The burden of proof is on her, not you. But you do need to prepare an air tight case if you want to have your best chances at stopping the move. She has to prove why the move would be better for the child and the decrease in parenting time is worth relocating for.

    You need to prove the opposite. you have to show the court that you’re heavily involved and that it would be devastating to the child to lose the amount of contact that you have now.

    If you’re on the state schedule visitation for 1st, 3rd and 5th weekends, tell them that already the entire year you’re only entitled to 91 days per year on average, which is about 25% of the year. That already isn’t enough, and they are going to allow her to move away even further??

  8. smills0205 Says:

    You can’t stop her from relocating. Go to court and argue your case, but the fact is unless you can get the judge to give you custody, you won’t be able to do much. If she shows she has stability where she is going, job, etc. then the judge will not try to stop her.

  9. Lela A Says:

    This matter belongs in court, you file a motion for your visitation rights for a court order in that regards, a child has the right to access both parents.

  10. SIMPLY ME =] Says:

    You cant tell her where to live. But why dont you go to court and ask the lawyer or judge what you can do etc. good luck

  11. Nicole Says:

    Its going to be difficult, especially with the economy today. If she is moving to better her life, for a better job, better finances, etc. there is no way you can stop her from moving.
    If she is just moving to get away from you, and you can find some way to show the judge this, requesting that she not be able to move and remove your children from your life you can try….but it will be difficult. If she has full custody, then it will be quite hard to stop them from leaving.

  12. M D Says:

    each state’s laws concerning relocation are different. I think based on individual income (your disposable/discretionary income, and Debt to earnings ratio) and professional mobility, (job transfer/hardship case)

    my suggestion, spend the money and invest in a lawyer, get on the web and find out what resources you have. Possibly friend of the court as well.

  13. Wdalaw W Says:

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    http://www.wdalaw.com/menu.html