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Parenting Plan vs. State Law|
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I am planning on moving 110 miles to go to grad school this fall. (It would be about 100 miles from my ex.) I informed my ex of my intentions to move a few months ago when I found out I had been admitted. But since then, I still do not have financial aid set up and no new housing set up, so I have not give my ex "official" notice of our move. I may end up having to defer my enrollment for another year anyway....
Our parenting plan says that each parent must notify the other 20 days prior to moving more than 60 miles, so that has been kind of my cut-off point for when I HAVE to have something set up (right now I'm about 40 days from the first day of classes.) But in recent emails, my ex is trying to say that State Law requires 90 day notice. He says that state law trumps the parenting plan. But that doesn't make sense to me--to have to live by an unknown state law instead of the clearly laid-out parenting plan. Am I right or is he? That's my question, but just as a very long side note, I have been considering this move for at least the past year. We will be moving back to where my kids spent most of their lives (while their dad was in school--yep, I'll be going to the same law school he graduated from last year.) Right now they only see their dad every other weekend, and I don't think the additional driving time will impact them too much. When we were first married, we moved 260 miles away from my ex's older daughters in order for him to start school--and *I* drove the 1000 miles every other weekend in order for him to see them--so I know something about drive time. Plus, my ex moved to this area while were we still in our old house--of course with no prior notification to me--so he obviously didn't have concerns about making the drive. We just came up here a few months later to be with my family and to heal. As far as I know, he has still not notified the court of his new address, and they think he still lives in the town we are planning on moving to.... |
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"Moderator Proud father/grandfather" SFV JUNKIE!!! |
You will be best off consulting an attorney about this....but, If your parenting plan has been agreed upon by both of you and signed as a court order than it should be what is followed. Typically the states all have "guidelines" to follow for when an agreement can't otherwise be reached by the parents. For example visitation....can be anything agreed upon by the parents. But if they just can't come to an agreement by any means including mediation the judge will make a decision anyway and usually just fall back on the state guidelines which most states are every other weekend, a night a week, a couple weeks in summer type thing. If there's a different agreement/plan in place that has been signed by the judge than the law will follow that agreement as opposed to the state guidelines.
But again, I would recommend talking to an attorney to be sure of what to expect. |
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Single Family Voices - For Single Parents Online
Single Parent Forums
Law & Legal Issues
Parenting Plan vs. State Law

