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Questions about Modification of STANDARD Parenting plans... BM is making threats again.... ugh

buterfly_2011's picture

My SO has a standard parenting plan. The every other weekend..... every other holiday and 6 weeks in the summer of uninterupted parenting time. BM is sending nasty texts wanting him to take the boys to her mothers for the week. Which he kindly said this is my six weeks. If you want them to be with your mom do it on your 6 weeks of summer. We only get them for six weeks. They live 6 hours away. If you have read any of my blogs you know the situation so I won't go into detail. But I guess my concern is at the top of his parenting plan it says parenting plan is valid as long as parent A and parent B are within 225 miles of eachother. WELL.... she up and moved two years ago and is well over 300 miles away from us. she is threatening that if we do NOT let his kids go to her moms then she will go by the parenting plan strictly with no exceptions. Well for us that works GREAT..... because she hasn't been doing her part meeting half way every other weekend. It's more like once every month IF that. So her threats weren't scaring me much until I realized that 225 miles thing on the top of the parenting plan. I just am wondering what that would mean? Does that mean its not valid EVEN though she signed it while they were living in the same town? Does it become null and void since she moved? And if so what happens then? I am so sick of her threats and her nasty texts. We didn't respond to any of them nor did he respond to SD17 when she was texting as well telling us when her mom gets her shit is going to change bla bla bla......

Any ideas on what I am looking at here ladies?

buterfly_2011's picture

I find it funny that it's ok for HER to throw her 17 year old daughter out of her house every time they fight... she packs all her stuff and tosses it then locks her out.. she calls SO demanding he go there... because daughter is acting out. BUT when she comes here and gets bossy and acts out it's ALL SO and his poor parenting and how awful he is and poor poor daughter.... then decides to make threats. It is getting so old......

buterfly_2011's picture

I understand that it is her deal to make it work my question is at the top of the parental plan it says its ONLY valid if parent A and parent B live within the 225 miles. So I'm wondering if its valid since that is no longer the case since she moved. IF it's not valid then what happens????

aggravated1's picture

Does it say the whole parenting plan is invalid if it's more than 225 miles, or just the visitation part?
As far as visitation, what usually happens with a move is that the responsbility will be HERS to make transportation arrangements, and also the non custodial gets almost the entire summer to make up for the (usually) midweek overnight that is standard throughout the year.

buterfly_2011's picture

No it doesn't say anything but the fact that the parenting plan is in effect as long as parent A and parent B are within 225 miles of eachother.

icecubenow's picture

If the plan states "parenting plan is valid as long as parent A and parent B are within 225 miles of each other" and she moved, then she can go back to court. It really is her burden since she moved further away. HOWEVER, is it worth it?

In our case, DH's original divorce agreement stated BM was not to move out of our county, in order to keep SD near her father. They had both agreed, judged signed the order, etc. When I came into the picture, BM flipped out, moved hundreds of miles away. Months later, in the new custody order (where we won full custody), the judge placed the burden on DH to make sure SD visited BM, NO MATTER WHAT IT TOOK. Dear judge told DH that he was the parent who was more responsible and more likely to make the visits happen.

A better question...what in the world is SD17 poking her nose into it for? UGH

SanAntonioSoccerMom's picture

I certainly hope she petitioned the court to move outside of the 225 mile radius outlined in her court order.

buterfly_2011's picture

She didn't. She just moved. Told him she needed to go to school and up and moved. He didn't think he could do anything about it.

smartone's picture

If a parenting plan is going to be void for a reason like that, it will have to be in place until a different parenting plan is put in place. It doesn't mean that now she can do whatever she wants. Does she even realize it says that?

buterfly_2011's picture

I don't think she does. That's exactly what SO said. Let her go by that. Strictly.... dumbass bitch. She thinks she is so smart cuz her friend works for a lawyer...... and she keeps screaming she gets all the free legal aid she wants. Well I hate to break it to her BUT legal aid in our state does NOT do custody or parenting cases...... as I had to go to them when my ex and I were going through hell. They referred me to a lawyer who gave me a handful of papers and said good luck. She forgets SO mom works for a lawyer too..... and that lawyer is open to helping my SO anytime he needs it. And it's not legal aid.