I have joint custody of my son, but his mother currently has majority residential time. Per our parenting plan it states that if she is wanting to relocate with the child to a new school district, she is to serve me with notification at least 30 days prior to her move. I have now been made verbally aware that she has moved, but have not been given any contact information or address other than the city of where they are now living. She has also made it clear that he will be attending a new school. I have wanted custody of my son from the start but because I currently live out of state the judge awarded her majority custody but stated if she cannot follow the parenting plan that could change. I want to file a contempt motion, not to necessarily change custody arrangements right now, but to at least have one contempt motion on file as I see her continuing to fail following the parenting plan. Due to the fact I am out of state I am not sure what my best course of action is. Any advice would be greatly appreciated.
If you are living out of state, what difference does it make to your time with the child if the child changes school districts?
If the mother had served you the relocation notices, would you have any legal basis to oppose the move?
The relocation statutes do authorize a move when prior notice is not practicable.
You should review the specific facts with your attorney to find out your legal options.
If you cannot prove that you suffer any harm in not getting timely notices, the court likely is not going to do anything for you.
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