View Full Version : Orders V. Visitation


Katheros
05-13-2008, 01:49 PM
My husband is hoping to get his next duty station in another month and we should be moving in the fall.

My twins' father has visitation every other weekend right now. But when we move, that's not going to be feasible. I don't think their father can do anything legally as far as forcing me to stay nearby with the children (but I'm sure he'll try). Does anyone have some experience with moving and dealing with how that effects previous visitation orders?

Thanks in advance!

xkrazybaby67x
05-13-2008, 01:52 PM
i work in a family law office. if there are current orders in affect, you usually have to go in to "modify" them if you plan on moving that would change the current viz schedule. good luck! :D

Katheros
05-13-2008, 01:55 PM
Oh great. The last time I had to modify the visitation agreement, it took a YEAR. And that was an emergency order. :rolleyes I hate family court.

Larissa
05-13-2008, 01:58 PM
Oh great. The last time I had to modify the visitation agreement, it took a YEAR. And that was an emergency order. :rolleyes I hate family court.

Ugh,I hope that isn't the case this time!I'll be sending lots of good vibes your family's way and hopefully everything will get worked out.

xkrazybaby67x
05-13-2008, 01:59 PM
ya, it's a pain in the ass :( possible ex parte (emergency) hearing if you're moving all of a sudden because of orders by the military though? food for thought....

MomWifeMe
05-13-2008, 02:02 PM
I have a friend who ex moved away to be with her husband and my friend took it to court because the move was too far to be feasible. When he took it to court and she had to either move back of give him full custody. I hope that things can work out for you because it was really sad to watch the kid in the situation.

Katheros
05-13-2008, 02:39 PM
ya, it's a pain in the ass :( possible ex parte (emergency) hearing if you're moving all of a sudden because of orders by the military though? food for thought....

That's what I filed the last time and took a year. And it truly was a bona fide emergency, but that's family court.

xkrazybaby67x
05-13-2008, 02:43 PM
That's what I filed the last time and took a year. And it truly was a bona fide emergency, but that's family court.

true, i understand! good luck with everything, and if you need to talk, feel free to PM me!

Donna
05-13-2008, 04:16 PM
It is VERY possible for him to block you from taking the kids even out of the county. I dont know the history between you 2, so i dont know what the feesibilty is to talk to him about what is coming in the future for your now DH. I do know that my sister had gotten a job an hour away from her house. She was going to move there, and her DD's father blocked it. The judge told her to find a new job or commute 1 hour each way. She was NOT to move her daughter out of the county.

Good luck with all this.

xkrazybaby67x
05-13-2008, 04:17 PM
It is VERY possible for him to block you from taking the kids even out of the county. I dont know the history between you 2, so i dont know what the feesibilty is to talk to him about what is coming in the future for your now DH. I do know that my sister had gotten a job an hour away from her house. She was going to move there, and her DD's father blocked it. The judge told her to find a new job or commute 1 hour each way. She was NOT to move her daughter out of the county.

Good luck with all this.

this happens a lot. but it is possible.

jjcreekmore
05-13-2008, 06:06 PM
I have a friend who ex moved away to be with her husband and my friend took it to court because the move was too far to be feasible. When he took it to court and she had to either move back of give him full custody. I hope that things can work out for you because it was really sad to watch the kid in the situation.

Thats what I had always heard too, My DH's mother couldn't move b/c of visitation rights, it might be different in the military though. Good Luck

proudARMYwife1
05-13-2008, 06:12 PM
I am currently going through this now. My DH got orders to Savannah, GA and we are supposed to move in July. My DD father is blocking our move and the mediator said she feels like My daughter should stay here. Well i consulted a lawyer and i am takin the case to trial to question the mediator and my DD doctor (he said he DOES NOT reccommend her staying with her father). I will also be having my DH testify as well. Me and DH have 2 kids and if my DD has to stay she is torn from the brothers she has known and me, the only 100% consistant parent in her 5 1/2 years of life. And if she stays, and i stay, that would mean my marriage is over and my sons are torn from their father...so the mediator obviously didnt weigh the options very well. I would say take it to trial and make him prove why they should stay...thats the law, he will need to come up with a damn good argument as to why they should be torn from you as the mother who has more than 60% custody. Good luck hun!! HTH...

sailorprincess07
05-13-2008, 10:30 PM
I dont of anything but I wish you luck :hugs

pennylayne
05-13-2008, 10:42 PM
we have 90% custody so we just went in and gave the judge our orders. as long as we keep them informed there isn't an issue, we did have rule in our orders about how we have 10 days to notify the other parent of our orders, and the a month to notify of new address. but if he knows whats best for the kids he won't put up a stink.

farmerschyk
05-15-2008, 06:39 PM
I am one of those who's ex kept her from moving.. My ex at first was ok with us moving to Japan and then changed his mind and now my kids and I are in Cali while dh is in Japan.. I would LOVE to be able to take him back to court and for me to get full custody and be able to take her where ever we got stationed, but I wouldn't know where to even start..

Mrs. LA
05-17-2008, 04:21 PM
I just did one in May 5. It went good, I suggest you go in first and write a letter to the father with a plan that will work for the both of you make a copy and mail it to him certified. It only took a month when my ex filed for it to go thru. but you have to file first. Good luck!