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Question regarding Custody case?
I have a parenting legally documented plan for my son with my ex, she gets him for two weeks over the Christmas break and so do I and we share him through out the year.. I just found out that during these two weeks, she has moved with him to another town, the town is 112 miles away. I will be unable to see him like what is documented in the parenting plan. I am afraid if I take legal action all that will happen is that my child support payments will go up because my % of custody will go down.. what should I do? State is NM
Ask my lawyer really? if I could afford a lawyer why would I ask yahoo answers? ... and, Max c'mon man being a dick is easy when your not involved.
4 Answers
- Anonymous7 years agoFavorite Answer
Generally speaking, when custody and visitation issues are established, it is a good idea to put in a clause preventing one parent from relocating children within a specified radius of the other parent, commonly under 100 miles. Since that hasn't been done, if the child's mother can prove to the court that the move was due to an economic hardship, she will likely not be required to move back, even if you did pursue the matter in court. However, since she took the child out of the area without your support, she caused the custody arrangement to be altered. You should not be penalized additionally for that, since you've already been punished enough by having to incur extra travel expense to see your child.
- MarshhawkLv 77 years ago
Talk to your lawyer. You might have to go to court to amend the agreement. This is true if your ex-wife moved into another county with in the state.