Leaving The State With Child

[Feagh]

Hi Jeff, my daughter and granddaughter live in Montana along with her ex-husband. They are originally from Florida, where I live.  They re-located to Montana 2 years ago and then got a divorce. They presently share custody of their daughter.  My daughter and ex son-in-law have decided to return to Florida to live. They will not be a couple, they have decided they like Florida better. My question, how will the custody agreement hold up in Florida? Can my ex son-in-law pull a fast one once he gets them all here and take my granddaughter away from us until we can take him to court again? If my daughter stays in Montana and my ex son-in-law re-locates, gains employment etc. in Florida would it be considered that he broke the custody agreement and free my daughter to live where she wants too?  I would greatly appreciate any advise.  Thank you, Donna

[Stoc]

Donna,

DISCLAIMER:

I AM NOT A LAWYER or ATTORNEY. I am someone who has experience in family law issues, and am sharing my OPINION only. For the exact law as it pertains to your specific case contact a Professional Attorney in your area/county.

Here is Montana's Child Custody Laws:

Child Custody Guidelines. Montana laws use guidelines to determine custody in accordance with the best interest of the child. The court shall consider all relevant factors, which may include but are not limited to:(a) the wishes of the child's parent or parents;(b) the wishes of the child;(c) the interaction and interrelationship of the child with the child's parent or parents and siblings and with any other person who significantly affects the child's best interest;(d) the child's adjustment to home, school, and community;(e) the mental and physical health of all individuals involved;(f) physical abuse or threat of physical abuse by one parent against the other parent or the child;(g) chemical dependency or chemical abuse on the part of either parent;(h) continuity and stability of care;(i) developmental needs of the child;(j) whether a parent has knowingly failed to pay birth-related costs that the parent is able to pay, which is considered to be not in the child's best interests;(k) whether a parent has knowingly failed to financially support a child that the parent is able to support, which is considered to be not in the child's best interests;(l) whether the child has frequent and continuing contact with both parents, which is considered to be in the child's best interests unless the court determines, after a hearing, that contact with a parent would be detrimental to the child's best interests. In making that determination, the court shall consider evidence of physical abuse or threat of physical abuse by one parent against the other parent or the child.(m) adverse effects on the child resulting from continuous and vexatious parenting plan amendment actions. -From 40-4-212 of the Montana Code. Moving with the Child. A parent who intends to change residence must provide written notice to the other parent. If a parent's change in residence will significantly affect the child's contact with the other parent, notice must be served personally or given by certified mail not less than 30 days before the proposed change in residence, and must include a proposed revised residential schedule. Proof of service must be filed with the court that adopted the parenting plan. Failure of the parent who receives notice to respond to the written notice or to seek amendment of the residential schedule within the 30-day period constitutes acceptance of the proposed revised residential schedule. -From 40-4-217 of the Montana Code. Parenting Plan. A parenting plan must be submitted to the court, including the allocation of parenting functions. "Parenting functions" means those aspects of the parent-child relationship in which the parent makes decisions and performs functions necessary for the care and growth of the child, which may include:(a) maintaining a loving, stable, consistent, and nurturing relationship with the child;(b) attending to the daily needs of the child, such as feeding, physical care, development, and grooming, supervision, spiritual growth and development, health care, day care, and engaging in other activities that are appropriate to the developmental level of the child and that are within the social and economic circumstances of the particular family;(c) attending to adequate education for the child, including remedial or other education essential to the best interest of the child;(d) ensuring the interactions and interrelationship of the child with the child's parents and siblings and with any other person who significantly affects the child's best interest; and(e) exercising appropriate judgment regarding the child's welfare, consistent with the child's developmental level and the family's social and economic circumstances. Based on the best interest of the child, a final parenting plan may include, at a minimum, provisions for:(a) designation of a parent as custodian of the child, solely for the purposes of all other state and federal statutes that require a designation or determination of custody, but the designation may not affect either parent's rights and responsibilities under the parenting plan;(b) designation of the legal residence of both parents and the child;(c) a residential schedule specifying the periods of time during which the child will reside with each parent, including provisions for holidays, birthdays of family members, vacations, and other special occasions;(d) finances to provide for the child's needs;(e) any other factors affecting the physical and emotional health and well-being of the child;(f) periodic review of the parenting plan when requested by either parent or the child or when circumstances arise that are foreseen by the parents as triggering a need for review, such as attainment by the child of a certain age or if a change in the child's residence is necessitated;(g) sanctions that will apply if a parent fails to follow the terms of the parenting plan, including contempt of court;(h) allocation of parental decision making authority regarding the child's education, spiritual development, and health care and physical growth;(i) the method by which future disputes concerning the child will be resolved between the parents, other than court action; and(j) the unique circumstances of the child or the family situation that the parents agree will facilitate a meaningful, ongoing relationship between the child and parents. Each parent may make decisions regarding the day-to-day care and control of the child while the child is residing with that parent, and either parent may make emergency decisions affecting the child's safety or health. When mutual decision making is designated in the parenting plan but cannot be achieved regarding a particular issue, the parents shall make a good faith effort to resolve the issue through any dispute resolution process provided for in the final parenting plan. -From 40-4-234 of the Montana Code. Depending on the Divorce Degree and Parenting plans in place in Montana someone has to be said childs PRIMARY parent which should be Mom unless Dad disagrees. IF THIS IS THE CASE, and Mom(Daughter) decides to reside in Montana and Dad moves to Florida(safest route). Then Mom should petition/Motion the courts to Modify the existing Parenting Plan in place: Showing the changes to visitation most likely to summers and Christmas Holidays which is standard for out of state visitation.

However, in this motion they must also address transportation costs which should be addressed in the new child support work sheets and paper works since Dad sounds like he is getting a new or different job which could increase his income.

It is best that Daughter remains in Montana for a time being until Dad has moved and all court documents are completed. Then File a Relocation notice in Montana a few months later stating reasons why for the move and re-filing all parenting plan changes.

There is an inherit risk involved if both parents whom live "together" yet are divorced. Allow Dad to move first to Florida and let him get settled in where HE chooses to live which maybe different then where you are living and Mom wants to live. However, by allowing DAD to move first it will reestablish primary custodian of said child and keep the paper work easier to manage.

Seek out a Professional Attorney in Montana for further assistance. IF Mom and Dad move together things will get very complicated and there is no guarantee that Dad won't have custody of said child if he so chooses to pursue it.

Kind Regards,

Jeff