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truthfinder, Truth Finder
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My husband and I received a certified Notice of Intent to ...

Customer Question

My husband and I received a certified Notice of Intent to Relocate from the attorney for his ex-wife and that she plans to take the minor child with her. THey have a 50/50 custody split. How do we respond to the notice so that we can go to mediation and not court?
Submitted: 8 years ago.
Category: Legal
Expert:  truthfinder replied 8 years ago.

Since they have equal custody then she can not take the child unless your husband agrees and she is willing to pay the costs of the child traveling to and from her home for the ordered custodial time he is entitled to. He can answer in a few different ways:

  1. He can state that he does or does not agree with the relocation and why
  2. That he wishes to discuss the matter further in the presence of a mediator
  3. That he will seek a court order to demand she NOT be able to relocate with the child and must either: a) allow the child to remain with him and her lose her part of the custody arrangement and be subjected to having to pay child support b) she agree to pay for all expenses to and from his home for the child during his scheduled times c) she remain where she is at with no change in location, custody agreement, etc.

You can find a mediator HERE and could state in your answer that he wishes to use this service to explore their options on the matter if they can not come to an agreement on their own; for more help go HERE. If there is already a COURT ordered custody agreement, then the court will have to agree to any change in that agreement of they are in danger of custodial interference (kidnapping) laws if the order is not followed by both parties as well as it possibly backfiring on him later and her making false accusations to a court just to get custody.

So, basically he will simply state whether he agrees or objects to this notice and its contents and whether he wished to discuss it further in mediation or wait for a court to decide.

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Customer: replied 8 years ago.
Reply to truthfinder's Post: Is there a certain foem that we would need to fill out to respond or should we type up a response have it notarized and file it with the court house?
Expert:  truthfinder replied 8 years ago.
Some courts do have a form you can fill out to answer the court and send a copy to the attorney of record for the Plaintiff, but it is not always necessary to use that even when it is available. Basically a formal answer simply states whether one is in agreement with the action to take place or whether they refute it. It is not necessary to have it notarized and witnesses, but it is a very good idea and then you can get copies for you records, to mail to her attorney, as well as record with the court. Normally you do not have to answer the court unless you are sent a summons and it does not seem that this would be that. She is simply stating her "intent" and he is going to state whether he is in agreement with or against this action and if he disagrees, he then needs to state what he feels should be the outcome and why.

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