Child Parent Modification Delay of Case

[children]

The custodial parent of my children that I have 50% custody of, moved them over an hour away making it impossible for me to excessive my visitation because of school schedule and expense of travel. I filed a modification before custodial parent moved for geographic restriction, however CP moved anyway. The original parent child modification gives the custodial parent the right to move within a contiguous county away, so she did not violate that. However, I was no longer able to exercise my possession with my children due to the distance and was forced into mediation. Custodial parent refused any transportation help back and forth. I agreed to a schedule that kept the children off the road in mediation, only for their safety and emotional benefit, and my financial relief of travel. Prior to mediation we had a temporary orders hearing. She filed a motion for continuance for that court date, due to a work obligation that required her to be at work during that time, signed by her supervisor. Because she is a city employee, I was able to request open record of her work attendance. She was not in attendance during the time stated it was required.

She has now filed for a jury demand which is not scheduled until April 2014 or later. That would be 1 yr. and 8 months, since I originally filed for geographic restriction that the custodial parent has been able to get away with this.

However, because I've already signed temporary orders during mediation a month ago, can I do anything?

 

[army judge]

The custodial parent of my children that I have 50% custody of, moved them over an hour away making it impossible for me to excessive my visitation because of school schedule and expense of travel. I filed a modification before custodial parent moved for geographic restriction, however CP moved anyway. The original parent child modification gives the custodial parent the right to move within a contiguous county away, so she did not violate that. However, I was no longer able to exercise my possession with my children due to the distance and was forced into mediation. Custodial parent refused any transportation help back and forth. I agreed to a schedule that kept the children off the road in mediation, only for their safety and emotional benefit, and my financial relief of travel. Prior to mediation we had a temporary orders hearing. She filed a motion for continuance for that court date, due to a work obligation that required her to be at work during that time, signed by her supervisor. Because she is a city employee, I was able to request open record of her work attendance. She was not in attendance during the time stated it was required.

She has now filed for a jury demand which is not scheduled until April 2014 or later. That would be 1 yr. and 8 months, since I originally filed for geographic restriction that the custodial parent has been able to get away with this.

However, because I've already signed temporary orders during mediation a month ago, can I do anything?

I suggest you speak with a lawyer or two in your county.

We don't give specific legal advice, we dispense legal information.

Your remedy is in the court that holds jurisdiction.
As the matter is docketed, you can attempt to expedite the matter, but don't get too happy.
If you agreed to something then, you'll be hard pressed to undo that.

In the meantime, is an hour too much to be involved in your childrens' (child's) life(lives)?

That's your call.

 

[children]

An hour is not too much at all...however that is over two hours of travel they have to endure everyday, for half of the week. That's not conducive to a healthy educational or normal family environment. What about the 'false' reasons for delaying the temporary orders hearing?

 

[Proserpina]

An hour is not too much at all...however that is over two hours of travel they have to endure everyday, for half of the week. That's not conducive to a healthy educational or normal family environment. What about the 'false' reasons for delaying the temporary orders hearing?

There is no such animal as "false" reasons. There's also no such thing as "normal" when it comes to family dynamics. And believe it or not, many parents have far more than two hours of travel to make when it comes to custody and visitation. Travel time can be used to enhance the parent/child relationship. It can be a great time for bonding.

 

[children]

Thank you for your opinion. I appreciate your time.

 

[children]

One more question...If the custodial parent did not notify me of the move until the day of, can I still file contempt charges?

 

[Proserpina]

You can try, yes - but there's really not much going to happen. Custody won't change, for example.

Help us help you - what's your end goal here?

 

[children]

I would like for my children's mother to move back to a reasonable distance so that they are not placed on the road for over an hour just to get to school and after school, causing me or my wife to make two round trips. Their Mother has changed the children's lifestyle so much, that they beg and hang on me when they go back. It's no longer equal. The Mother threatened to do this 6 months before she moved, because she was not in approval of the girls being with me (their Father) 50% of the time. They are 10 & 7. Mother has claimed that my wife and I have too much influence in their lives. My end goal is for the the girls to be with me at my home as much as they are at her home. The judge gave me 50% for a reason. My goal is to have continuous, frequent contact with my children as I did before. Additionally, standard possession doesn't work. I am a firefighter. I'm on 24/48. They schedule accommodated for that perfectly before she moved.

 

[Proserpina]

I would like for my children's mother to move back to a reasonable distance so that they are not placed on the road for over an hour just to get to school and after school, causing me or my wife to make two round trips. Their Mother has changed the children's lifestyle so much, that they beg and hang on me when they go back. It's no longer equal. The Mother threatened to do this 6 months before she moved, because she was not in approval of the girls being with me (their Father) 50% of the time. They are 10 & 7. Mother has claimed that my wife and I have too much influence in their lives. My end goal is for the the girls to be with me at my home as much as they are at her home. The judge gave me 50% for a reason. My goal is to have continuous, frequent contact with my children as I did before. Additionally, standard possession doesn't work. I am a firefighter. I'm on 24/48. They schedule accommodated for that perfectly before she moved.

The court cannot order Mom to move back. That's just not going to happen. Given the circumstances I don't see the court adjusting custody either. At best, Mom can be held responsible for travel costs.

 

[children]

I've modified the suit and have asked for primary custody because I was not notified of the move until the day of. That's when she filed for a jury demand. I don't care if Mom moves back, I just want my children to move back. She can drive here for visitation.

 

[Betty3]

You can try but don't get your hopes up.

 

[Proserpina]

I've modified the suit and have asked for primary custody because I was not notified of the move until the day of. That's when she filed for a jury demand. I don't care if Mom moves back, I just want my children to move back. She can drive here for visitation.

You have problems - Mom's lack of notification will not generally be enough to switch custody. You also work odd shifts - the court may just see that as not in the best interest of the children.

Given that Mom actually had permission to relocate in the original mod, you may be doing nothing more than wasting money. The court may well simply tell you that it's your problem to sort out visitation even if Mom is held responsible for the costs of transportation.