Q: Non-custodial parent with visitation. Ex-Wife attempting to move child out of state without court approval or notice.
My friend is a non-custodial parent. He has court guaranteed visitation every other week, however, the typical arrangement between he and his ex is visitation every weekend from Friday through Sunday. This past Tuesday, the ex notified him via phone call that she was moving and taking their daughter to South Carolina...On Friday...As in last night. He warned her that doing so would be illegal as he has parental rights, but she wouldn't listen and refused to go through the court. He didn't have time to file a proper injunction, but he did talk the ex into leaving the child in his care "Until she gets settled". The ex did leave, but he has no intention of allowing the child to leave FL until a revised parenting plan is put in place. In fact, he wishes to use this incident as grounds to seek primary custody. He will be speaking to his lawyer on Monday. Should he expect a hard fight? It seems the law is totally on his side. The move was on a whim with no guarantee of employment or housing.
A: As his attorney will probably advise him, he should also seek a modification of child support. If the mother is was employed until now, and has no assurance of getting comparable employment where she is going, it seems reasonable to compute her child support as though she were still employed, at whatever she was making here.
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