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S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2448
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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Good Afternoon, I will try and explain my case—yet, possibly

Customer Question

Good Afternoon,
I will try and explain my case—yet, possibly two cases—in an understandable manner.
Child is 10, parenting plan exists since three years: wa state
I am the custodial parent, other parent has regular visitation every other weekend, and is supposed to see child for three additional hours twice weekly; hasn't followed the 3-hour visits since 2013.
Parents have share legal custody equally; addressed decisions are
1: medical
2: educational
3: hair cuts (wasn't me ;)
I, custodial parent, am a full time student, and enrolled child at private school since PK and was sole tuition provider for almost 5 years. Didn't have the funds any to pay tuition any loger and other parent would/could not chip in.
Child was open to switching schools and I then found another private school, allowing a monthly tuition reduction of almost $700, leaving me to pay a minute monthly amount I can afford and notified other parent via email the same day I knew that child would switch schools.mother parent was not in agreement and made it clear that he didn't want child to switch schools; yet other parent DID NOT offer/agree to take over tuition at "old" school.
Hovever, am not happy with current Parenting Plan anyhow.
I am from Europe and have visited family twice thus far overseas—was allowed to bring child (had also been denied to bring child to Europe visit in past).
Sorry for the long into but thought I'd may help when asking my two relate questions:
1: I have a chronic illness, but won't get yet treatment in USA due to insanely high costs, yet my insurance overseas will cover it.
Treatment is urgent, and medically necessary. Child has never been without me for more than a week.
Treatment could take up to six months and I will need to TEMPORARILY move WITH my child to Europe.
Naturally, father is protected my Hague Convention.
Will offer him double amount the visitation to make up for max 12 days of visitation he may miss due to us gone, and unlimited acces not child via electronics such as skype.
I will file "intend of relocation with child", (addressing the limited time away via my declaration).
1: Question........ Should I also file a petition to "modify Parenting and INTEND TO MOVE as one, hoping to get sole custody?
Reasons: I am the only person dealing with the school's financial aspect. If granted, I wouldn't have to worry about being in contempt when making education decisions.
Other parent holds all the power regarding child and me visiting Europe, thus "not needing his signature" when visiting my my family with child. It would be relief if approved.
2: Question: MAJOR VS MINOR
I am pretty confident that I'm able proof the major mod.(temp move and medical), yet I would also be safe and go for minor; just in case I'd lose and am without my child for 6 month. ?????
Addendum: can I address child's my wish to hyphenate child's last name in the modification ? Child only bearing father's last name is ***** ***** while traveling, and child is the last name keeper for my family.
Thanks so much and sorry for the Novella, just tried to be a precise as possible. Hoping to file this week.
Submitted: 1 year ago.
Category: Family Law
Expert:  S. Kincaid replied 1 year ago.
You would not file the Petition to Modify (now called Petition to Change a Parenting Plan, Residential Schedule or Custody Order) at the same time as the Notice of Intended Relocation, unless you have a completely separate basis for modifying the order. You simply file and he has thirty days to object. If he does not object, you get to move. If he does object, or if you can't wait for the sixty days given in the notice to pass, you would file a Motion for Temporary Order Allowing Move with Children (Relocation). Do you have any other questions?