Moved Out Of State

[reahna]

I moved 6 months ago from South Dakota and Florida with my 4 yrs old son. I got a divorce 2 years ago and there isnt anything in our divorce papers that states that i cant move out of state with my son. My ex-husband didnt have any problem with the move. Now that summer time is coming up we is demanding my son to go back to SD for 2 months, without any prior agreements before the move, but to have it on my expense. What can I do, to make an agreement with him, before I have to take legal actions

 

[irish223]

I moved 6 months ago from South Dakota and Florida with my 4 yrs old son. I got a divorce 2 years ago and there isnt anything in our divorce papers that states that i cant move out of state with my son. My ex-husband didnt have any problem with the move. Now that summer time is coming up we is demanding my son to go back to SD for 2 months, without any prior agreements before the move, but to have it on my expense. What can I do, to make an agreement with him, before I have to take legal actions

I believe that South Dakota requires that notification of the move is filed with the court. You dropped the ball on that one. However, after six months, your ex may not be successful contesting it now.

The parenting guidelines for South Dakota can be found here:

http://www.sdjudicial.com/index.asp?title=sharing_parental_guidelines&category=public_info&nav=91

Since your son is under 5, your ex may not be awarded more than 2 weeks according to the guidelines. However, you will most likely be ordered to share in the cost of travel, if not cover all the expense, since you created the distance.

In the future, your ex will be entitled to 2 months of summer visitation according to the guidelines, as well as alternating holiday vacations. You will probably have to contribute to all the travel expenses.

 

[Duranie]

You should not have moved without court permission. It was wrong to assume you could. Dad is fully within his rights to ask you to send the child to him and pay for it. Dad's state has jurisdiction and if Dad takes this to court, he likely will get awarded something. you do not think it is fair to take his child away, limit visits and expect him to pay for travel? A judge may not be too impressed with you either if this goes to court. You creatd the distance, you should pay for the travel.