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  1. #1
    shaysmom389 is offline Junior Member
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    Can his ex take and move to another state with their daugher

    What is the name of your state (only U.S. law)? TEXAS..

    I am doing this for my Fiance. He was never married to his ex but they have a 2 year old daughter (will be turning two in february) together. When they split up she did not file for any type of custody or child support on him. They went to a notary and agreed that he would get his daughter EVERY weekend sat 6:00 until Sunday 6:00..

    Well, She has not said anything to him but he ha been told by others and seen on the internet hat she is planning on moving to Arkansaw with their daughter.

    He wants to see about getting full custody of their daughter although I told him that it was VERY unlikley unless he could prove her unfit..

    She failed a drug test when she was 7 months pregnant with their daughter.. He has no idea if she does drugs still or not but she lives with a older friend and he knows that the friend does drugs but not his ex or sure or not.. So I really don't think he can prove anything there...

    She has no car.. But she does have a job working with her other daughters fathers dad.

    My fiance has a house,car, and a good job. He also has two other daughters that he gets EVERY other weekend and every wensday. His ex wife and him get along well and she dosnt even make him pay but $100 something in CS a MONTH because she said he was a good dad and he pays for everything when he has them and pays for their school clothes each year....

    His ex can not afford to take their daughter to the Dr or to have her updated on her shots and has not put her back on medicaid...

    My fiance has taken their daughter to the Dr twice and payed out of pocket because her mother said she was not sick.. just allergies.. But he indeed was sick.. The first time she has a caugh,runny nose,weezing and fever on and off fo 4 weeks and both my mother and his mother who are RN'S said she sounded and looked like she has broncits (however you spell it) and indeed she did....

    His mom said that is neglect of health care? Is it??

    His ex asked last month if she coul have their daughter one weekend out of the month and they both agreed to it...

    Their has been MANY times that we have kept his daughter for a week at the time because her mother was in Arkansaw this some guy and got in a wreck with no way back... and one time we kept her 4 extra days because she went to an Insane Clown Posse Concert.

    Not counting the numerous times she has asked us to keep her while she had other plans.. which we do not mind at all and if he had it his way.. he would have all his girls all the time but gotta share! :-0

    So my question is.. CAN she take her to Arkansaw and move?? I hear she can since there is no custody set up...

    But will it make her look bad if she does??

    Does he even have a chance of getting custody or should he just stick to setting up custody and stuff???

    What does he need to do to start this?? ANY INFO WOULD BE APPRECIATED... GOOD OR BAD! THANK YOU
  2. #2
    Ohiogal is offline Senior Member
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    Can his ex take and move to another state with their daugher
    Yes she can.


    --------------------------------------------------------------------------------
    What is the name of your state (only U.S. law)? TEXAS..

    I am doing this for my Fiance. He was never married to his ex but they have a 2 year old daughter (will be turning two in february) together. When they split up she did not file for any type of custody or child support on him. They went to a notary and agreed that he would get his daughter EVERY weekend sat 6:00 until Sunday 6:00..
    All that proves is who signed the paper. It is NOT legally binding.

    Well, She has not said anything to him but he ha been told by others and seen on the internet hat she is planning on moving to Arkansaw with their daughter.
    Okay. Legally he is not the child's father.

    He wants to see about getting full custody of their daughter although I told him that it was VERY unlikley unless he could prove her unfit..
    It is extremely unlikely. Due to the fact that he is a legal stranger to this child. Did he sign the AOP?

    She failed a drug test when she was 7 months pregnant with their daughter..
    And he did NOTHING when the child was the born to get custody then.

    He has no idea if she does drugs still or not but she lives with a older friend and he knows that the friend does drugs but not his ex or sure or not.. So I really don't think he can prove anything there...

    Nope.
    She has no car.. But she does have a job working with her other daughters fathers dad.

    You don't need a car to be a parent.

    My fiance has a house,car, and a good job. He also has two other daughters that he gets EVERY other weekend and every wensday.
    And? None of that matters with THIS child.
    His ex wife and him get along well and she dosnt even make him pay but $100 something in CS a MONTH because she said he was a good dad and he pays for everything when he has them and pays for their school clothes each year....
    SO? That doesn't matter with this child either. Is the $100 a month court ordered?

    His ex can not afford to take their daughter to the Dr or to have her updated on her shots and has not put her back on medicaid...
    And what has he done about this child?

    My fiance has taken their daughter to the Dr twice and payed out of pocket because her mother said she was not sick.. just allergies.. But he indeed was sick.. The first time she has a caugh,runny nose,weezing and fever on and off fo 4 weeks and both my mother and his mother who are RN'S said she sounded and looked like she has broncits (however you spell it) and indeed she did....
    So? Your fiance could have her insured on his insurance if this is his child.

    His mom said that is neglect of health care? Is it??
    Not necessarily. It is not just up to the mother to take the child to the doctor.

    His ex asked last month if she coul have their daughter one weekend out of the month and they both agreed to it...
    Okay.

    Their has been MANY times that we have kept his daughter for a week at the time because her mother was in Arkansaw this some guy and got in a wreck with no way back... and one time we kept her 4 extra days because she went to an Insane Clown Posse Concert.
    And?


    Not counting the numerous times she has asked us to keep her while she had other plans.. which we do not mind at all and if he had it his way.. he would have all his girls all the time but gotta share! :-0
    So? He was being a father.

    So my question is.. CAN she take her to Arkansaw and move?? I hear she can since there is no custody set up...
    Yes she can move.

    But will it make her look bad if she does??
    When is your fiance going to get off his duff and do what he legally needs to do such as establish paternity, custody and support?

    Does he even have a chance of getting custody or should he just stick to setting up custody and stuff???
    He should file IN COURT to establish stuff.

    What does he need to do to start this?? ANY INFO WOULD BE APPRECIATED... GOOD OR BAD! THANK YOU
    He needs to march down to court and file to establish paternity, support and custody.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  3. #3
    shaysmom389 is offline Junior Member
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    First off I would like to say that you did not have to have such attitude.. I do not agree with anything really.. I do beleive he should have established this whole stuff a LONG time ago..But he didnt because she was letting him have his daughter EVERY weekend instead of every other weekend like they will prolly establish when they do set some kind of custody and visitation up.. She still is letting him and they are getting along just fine other than the fact she now wants to move to another state and will interupt him getting her EVERY weekend. I was not trying to make it sound like we have all these things so she is a bad mother.. Because I am not saying at all she is a bad mother or any of that.. I was just wanting to know if him having his own house and job and car would help anything? She cant afford for her to go to the Dr. but he can....So isn't it that the child belongs with whoever can best provide??

    I know this whole post just made me sound like another stupid gf. But trust me I see both sides....

    So does he need to go to the court house or just go to the attorney general??

    And you DID NOT really answer any of my questions other than if she could move...
  4. #4
    CJane is offline Senior Member
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    He needs to file IN COURT to establish paternity/visitation/child support/custody.

    He'll likely end up with the Standard Order of Possession (google it). That's what goes into effect in TX unless the parents agree to something else. She'll likely become Managing Conservator (Texas' title for primary custodian) and therefore have the 'exclusive right to determine the residence of the child'. She will very likely be allowed to move depending on how far away she's trying to move. He'll have a visitation order he can enforce. He'll pay child support. Everyone will live happily ever after.
  5. #5
    LdiJ is offline Senior Member
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    Quote Originally Posted by shaysmom389 View Post
    First off I would like to say that you did not have to have such attitude.. I do not agree with anything really.. I do beleive he should have established this whole stuff a LONG time ago..But he didnt because she was letting him have his daughter EVERY weekend instead of every other weekend like they will prolly establish when they do set some kind of custody and visitation up.. She still is letting him and they are getting along just fine other than the fact she now wants to move to another state and will interupt him getting her EVERY weekend. I was not trying to make it sound like we have all these things so she is a bad mother.. Because I am not saying at all she is a bad mother or any of that.. I was just wanting to know if him having his own house and job and car would help anything? She cant afford for her to go to the Dr. but he can....So isn't it that the child belongs with whoever can best provide??

    I know this whole post just made me sound like another stupid gf. But trust me I see both sides....

    So does he need to go to the court house or just go to the attorney general??

    And you DID NOT really answer any of my questions other than if she could move...
    No, him being able to "better provide" is not a usable factor. Poor people's constitutional rights to their children are just as protected as people who are better off.

    Part of his being able to fight her move will have to do with just how far she is moving.
  6. #6
    Isis1 is offline Senior Member
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    Quote Originally Posted by shaysmom389 View Post
    First off I would like to say that you did not have to have such attitude.. I do not agree with anything really.. I do beleive he should have established this whole stuff a LONG time ago..But he didnt because she was letting him have his daughter EVERY weekend instead of every other weekend like they will prolly establish when they do set some kind of custody and visitation up.. She still is letting him and they are getting along just fine other than the fact she now wants to move to another state and will interupt him getting her EVERY weekend. I was not trying to make it sound like we have all these things so she is a bad mother.. Because I am not saying at all she is a bad mother or any of that.. I was just wanting to know if him having his own house and job and car would help anything? She cant afford for her to go to the Dr. but he can....So isn't it that the child belongs with whoever can best provide??

    I know this whole post just made me sound like another stupid gf. But trust me I see both sides....

    So does he need to go to the court house or just go to the attorney general??

    And you DID NOT really answer any of my questions other than if she could move...
    as long as no court order limits her (by your own words none of this is through the courts) mom can go anywhere she likes. she is the only parent to this child by law.

    him having a house, a job or a car, means nothing to him getting custody of a child that isn't even legally his.

    i don't own a house. i rent a room and have taken over the living room and the kitchen. i don't have a job. and i don't have a car. i GAINED custody of my children. so i'm full evidence that having those material things matters not.

    going to the attorney general is a great idea to establish paternity and a child support order. i suggest he do that. keep in mind, standard visitation will apply. also keep in mind, by the time the case is heard, the child will already be out of state and quite possibly a legal residence of that state. making Texas the incorrect jurisdiction.
  7. #7
    Ohiogal is offline Senior Member
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    First off I would like to say that you did not have to have such attitude..
    I don't have an attitude. What i have is a limited amount of time to answer questions.

    I do not agree with anything really.. I do beleive he should have established this whole stuff a LONG time ago..But he didnt because she was letting him have his daughter EVERY weekend instead of every other weekend like they will prolly establish when they do set some kind of custody and visitation up..
    IF he goes through court he can show status quo and have a better chance of getting something more than just the standard order.
    She still is letting him and they are getting along just fine other than the fact she now wants to move to another state and will interupt him getting her EVERY weekend.
    And i stated what he could do.

    I was not trying to make it sound like we have all these things so she is a bad mother.. Because I am not saying at all she is a bad mother or any of that.. I was just wanting to know if him having his own house and job and car would help anything?
    No it won't help anything.

    She cant afford for her to go to the Dr. but he can....So isn't it that the child belongs with whoever can best provide??
    Nope. Because HE could insure her and provide mom with the cards.


    I know this whole post just made me sound like another stupid gf. But trust me I see both sides....

    So does he need to go to the court house or just go to the attorney general??
    Either/or. Attorney General will give him the standard order. Court could possibly give him more time. But you don't like my attitude. Oh well.

    And you DID NOT really answer any of my questions other than if she could move..
    Oh and you didn't answer my question as to whether he signed the AOP. Maybe that is because YOU have the attitude.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  8. #8
    summerdawn is offline Senior Member
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    Quote Originally Posted by shaysmom389 View Post
    First off I would like to say that you did not have to have such attitude.. I do not agree with anything really.. I do beleive he should have established this whole stuff a LONG time ago..But he didnt because she was letting him have his daughter EVERY weekend instead of every other weekend like they will prolly establish when they do set some kind of custody and visitation up.. She still is letting him and they are getting along just fine other than the fact she now wants to move to another state and will interupt him getting her EVERY weekend. I was not trying to make it sound like we have all these things so she is a bad mother.. Because I am not saying at all she is a bad mother or any of that.. I was just wanting to know if him having his own house and job and car would help anything? She cant afford for her to go to the Dr. but he can....So isn't it that the child belongs with whoever can best provide??

    I know this whole post just made me sound like another stupid gf. But trust me I see both sides....

    So does he need to go to the court house or just go to the attorney general??

    And you DID NOT really answer any of my questions other than if she could move...
    Why should HE get every single weekend? Mom doesn't deserve any downtime with her kid?
  9. #9
    shaysmom389 is offline Junior Member
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    Yes he did sign an AOP and his daughter has his last name.

    In response to why he should have his daughter every weekend?

    His ex is the one who asked him if he wanted her every other weekend or every weekend and she said EVERY weekend and she wrote up the papers and they signed it at the notary office.
  10. #10
    LdiJ is offline Senior Member
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    Quote Originally Posted by shaysmom389 View Post
    Yes he did sign an AOP and his daughter has his last name.

    In response to why he should have his daughter every weekend?

    His ex is the one who asked him if he wanted her every other weekend or every weekend and she said EVERY weekend and she wrote up the papers and they signed it at the notary office.
    I understand, but what you don't understand is that the paper they signed in the notary's office is irrelevant. It was in no way legally binding.

    One of the reasons why I can say that with absolutely certainty, is because I AM a notary.

    A contract signed in front of a notary can be legalling binding if it meets the elements of a contract. However, child custody matters almost never meet the elements of a contract. There can be exceptions, but this situation isn't one.
    Last edited by LdiJ; 01-27-2009 at 09:48 PM.
  11. #11
    summerdawn is offline Senior Member
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    Quote Originally Posted by shaysmom389 View Post
    Yes he did sign an AOP and his daughter has his last name.

    In response to why he should have his daughter every weekend?

    His ex is the one who asked him if he wanted her every other weekend or every weekend and she said EVERY weekend and she wrote up the papers and they signed it at the notary office.
    Maybe she has grown up since then and now she wants her weekends too.

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