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- Newsgroups: alt.dads-rights
- Path: sparky!uunet!stanford.edu!nntp.Stanford.EDU!shedevil
- From: shedevil@leland.Stanford.EDU (Anne P. Mitchell, JD)
- Subject: Re: Help! Wife left state with the kids
- Message-ID: <1993Jan22.222131.11719@leland.Stanford.EDU>
- Sender: news@leland.Stanford.EDU (Mr News)
- Reply-To: shedevil@gw.home.vix.com (Anne P. Mitchell, J.D.)
- Organization: Fathers Rights & Equality Exchange
- References: <1993Jan22.121949.1@csusb>
- Date: Fri, 22 Jan 93 22:21:31 GMT
- Lines: 58
-
- In a recent missive jimbo@csusb tells us:
-
- >600 miles away. She did not tell me of the move until she and
- >her new hubby bought a house in Reno. She has given me her new
- >address and phone number so I can stay in written and verbal
- >communication with the kids(now between 10 and 17). I have never
- >missed paying my child care even though sometimes it has been
- >extremly draining financially on me. She moved in June and I have
- >continued to pay support.
-
- Technically speaking she was required to give you 45 days notice,
- according to California law. What you needed to do was to immediately
- file an Order to Show cause *when she told you she was moving*, before
- she moved. I say this now not to make you feel bad, but in case others
- find themselves in the same situation.
-
- Now that she is already moved, and because she has had the kids since
- 1982, and because [and correct me if I am wrong] ther is nothing here to
- indicate her purpose in moving was primarily to frustrate your
- visitation, practically speaking even though you *could* file an action
- for modification of custody, it won't happen.
-
- What you *can* do is attempt to negotiate a new time-sharing agreement
- with her, based on the distance. I.e., instead of just weekends,
- longer chunks of time as they are appropiriate. If the two of you can't
- reach an agreement, then you can file for a modification of 'visitation.
-
- >Questions---Is this considered a form of abduction or kidnapping?
-
- No, although if your orders say that neither of you can leave the state,
- she's in contempt, technically.
-
- >Am I still obligated(legally, not morally. Of course I'll continue
- >to pay support)to pay child support
-
- Yes.
-
- >if I do, does this mean, from
- >a legal standpoint, I accept the de facto situation and approve her
- >move out of state?
-
- No.
-
- >Will Neveda recognize my parental rights granted
- >by California? Anything I might also need to ask that I haven't?
-
- Yes, Nevada should recognize your California order.
-
- Because she has already moved, I would say you should attempt to
- negotiate a modified time-sharing [and expense of travel sharing]
- agreement. If you can work it out between the two of you, and then just
- have an attorney formalize it, so much the better. If you can't work it
- out, you'll need to have your attorney file for an Order to Show Cause,
- and you are then looking at Family Court Services mediation and at least
- one court appearance.
-
-
-
-