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Blog Posts in April, 2017

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  • Are there any safeguards I can take to make sure the other parent does not unilaterally move without giving me any notice of her/his intention?
    Are there any safeguards I can take to make sure the other parent does not unilaterally move without giving me any notice of her/his intention?

    It is imperative to include in any custodial agreement or order that each parent shall notify the other parent a minimum of 45 days in advance of any planned change in residence of the child for more ...

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  • I exercise more parenting time then is set forth in my judgment, am I in a better position to oppose a move away hearing then someone whose is designated as a non-custodial parent in the judgment?
    I exercise more parenting time then is set forth in my judgment, am I in a better position to oppose a move away hearing then someone whose is designated as a non-custodial parent in the judgment?

    As stated elsewhere, where the parties have Joint Physical Custody (both parties have substantial amounts of parenting time), the Court must consider a move away request de novo and with both parents ...

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  • What can I do to ensure my visitation rights are preserved if the other parent is permitted to move out of the country?
    What can I do to ensure my visitation rights are preserved if the other parent is permitted to move out of the country?

    The greatest fear of a parent is that, if the other parent is permitted to relocate to another country, that the parent staying behind will not have the court-ordered visitation. One remedy a parent ...

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  • Is there a different standard in a move away case between parties having a temporary vs. a permanent order for custody and visitation?
    Is there a different standard in a move away case between parties having a temporary vs. a permanent order for custody and visitation?

    Yes, if you have a temporary order that was the result of a Request for Orders or Domestic Violence Restraining Order hearing then the standard is always what is in the best interest of the child and ...

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