Custody Issues - Pacific,MO

Instead of taking your daughter's father away from her, I would have your fiance move by you or call it off. Just because you've found a new man in your life doesn't mean your daughter should have to miss out on time w/ her father. And before you say you will do the drive and she can still see him every other weekend or whatever visitation you are dreaming up for them, think how you would like it to only see your child that often. Think how it will affect your daughter. No matter how much she may like your new guy, her dad is still HER DAD.

I don't think what he did (or didn't do) will figure much into the court's opinion. The court will only be interested in "the best interest of the child". That means that no matter what Dad did, if you moving is not in the best interest of the child because of negative impacts, then they might rule you can't move the child.

If you think he will contest you moving with the child, then I would recommend waiting to move until you are married. You should notify him in advance (per the court orders to do so), but don't actually make the move, until you are legally married.

You should probably consult your divorce attorney to get the correct answers to your questions.

My brother-in-law and his ex-wife have been through all sorts of this. They were in Arizona when they divorced, she almost immediately remarried and moved to Texas because that's where new man's job was, and took their girls with her. Custody is her during the school year, and he gets them for spring break, Christmas break, and two months in the summer. So, he moved from Arizona to California, and finally, has been living back here with the rest of us (in Minnesota) for a few years.

They fly their daughters back and forth and even though SHE precipitated the moving around by moving first, I believe he has to pay for all the airline tickets BESIDES child support. It seems unfair, but hey, I am biased in his favor, I guess.

I'm sure you'll be allowed to move, but the order for visitation will probably be changed. You would likely be looking at an arrangement more like the one I described.

Child support and custody/visitation are separate issues. While the court won't look kindly on him being behind, they won't necessarily be more favorable toward you. The important thing to remember is that the goal of family court is to look out for the best interest of the child.

As for him moving, if you were able to contact him, then it would be nothing more than a slap on the wrist with an admonishment to follow the orders next time. Not likely to work in your favor.

The fact that she stays with his girlfriend is irrelevant unless you can demonstrate that she is an unfit caregiver. He has the right to secure childcare when he has posession.

Have you recently read your custody and visitation orders again? Mine are worded so that I can move within a certain radius of my current residence without any discussion. I only need to notify him of the move. I want to say it is 150 miles (but I don't have them in front of me).

I wouldn't move and then wait to see if he contests it...that will just take more time and money for everyone. Try to agree together on a plan and then take it to court for approval. Given that you will be getting married, and thus creating what will be likely considered a more stable environment, I can't imagine it would be a problem. However, the judge may want you to be married first!

K.,

Child support and visitation are two separate issues

Did your child's father move three hours away or just to another address in town?

How did you find out about his move? Did he change his phone number?

No matter what he has done or NOT done, I would suggest that you go by the original agreement. He seems like a good father. Is he? Since you are the one that wants to move away, the child's father could petition the court for physical custody and have you be the parent who visits twice a week and every other weekend and pays child support.

Be careful.....

Blessings....

o

I think it would play a role in his character and what kind of dad he is.. Sounds like a not so good one if he leaves his daughter at his girlfriend's house... does he do that so he doesn't have to watch her? You said "work".

It played a role with my ex (my daughter's dad). They gave me sole custody and changed her last name... but he has issues. I don't know him, but he doesn't sound horribly dedicated just leaving her with his girlfriend, me or my ex would never do that.