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originallawyer, Family Law Attorney
Category: Family Law
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Experience:  7+ years of experience in divorce, custody battles and mediation.
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Background information: I share legal custody of my nine year

Resolved Question:

Background information:
I share legal custody of my nine year old daughter with my long time ex-wife. Two years ago, with permission from the court, my ex-wife moved, with our daughter, out of the state of Nevada to Idaho.
Our divorce decree and child settlement agreement originated in Nevada. While we both resided in Nevada we established a parenting plan which stipulated providing a bedroom for our daughter in our prospective residences.
My ex-wife moved to Idaho and filed for a request for foreign judgments upon the court orders solidified in Nevada. The court orders were accepted in Idaho soon after. The parenting plan was not included in the request for foreign judgments.
I moved to California for work and my visitation schedule was drastically cut from every other weekend plus extended holiday time and extended summer vacation time to one week during winter break, one week during spring break and six weeks during summer break.
Currently:
My ex-wife is remarried with kids in Idaho and I’m living with my girlfriend without kids in California. Due to finances my girlfriend and I live in a one bedroom apartment. My six week visitation is two weeks away. My ex-wife is threatening to not allow our daughter to come with me to California for my six week visitation because I don’t have an actual bedroom for our daughter. I have created an area in our apartment for Sammy to call her own and sleep. Does my ex-wife have the right to withhold our daughter from my visitation time? Or maybe a better question, does a "parenting plan" stay in effect after a major move (more than 1500 miles away) and a major visitation changes?

Thanks for any insight you might offer,
Aaron
Submitted: 1 year ago.
Category: Family Law
Expert:  originallawyer replied 1 year ago.
Good afternoon:

Can you tell me what form the parenting plan was in? Was it signed by judge? Was it separate from the orders, etc, or included in the orders as filed in Indiana? This will help me better inform you.
Customer: replied 1 year ago.

The parenting plan was created in 2006 via mediation. The parenting plan was later attached to a court order. After my ex moved from Idaho to Nevada the court ordered us to create a new visitation plan, which we could not agree on. We both submitted a visitation plan to the court, the court gave ordered a visitation schedule for me; however the court did not address the old parenting plan.


 


The order that the parenting plan is attached to was not submitted to the Idaho court for "Foreign judgement" if that makes any sense.


 


My ex wife is threatening to submit paperwork today to prevent my daughter to have her six week visitation (July 19, 2013-Aug 29, 2013) with me based on an agreement we made during mediation in 2006 (when we both lived in Nevada) that was entered into the parenting plan.

Expert:  originallawyer replied 1 year ago.
Okay, thanks for that:

It sounds like when you were ordered to create the new parenting plan, that new visitation plan supplanted or replaced the old parenting plan requiring you to maintain a separate bedroom for your child.

So if she does try to deny your visitation, your argument will be that that old order is no longer operational. The Judge in Idaho has replaced the old parenting plan with this new parenting plan/visitation schedule.

Essentially, she's trying to enforce something that doesn't exist anymore. When/if she tries to deny you visitation based on the old order, your defense will be that the older order isn't in effect. I'd hire an attorney in Idaho if she decides to fight you on this, since fighting it from California is impractical. You can ask for attorneys fees from her if she brings this suit and the Judge finds that she did so without grounds for denying your visitation.
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 430
Experience: 7+ years of experience in divorce, custody battles and mediation.
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