Domicile Restriction Change

[ccm_2500]

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

My has a court order with his 5 year old childs mother, stating the have Joint Managing Conservatorship, but he is the Primary Custodial parent and the mother is the non-custodial parent. Due to his daughter being taken from the mother by CPS due to a domestic incident and a drug charge (keeping her on probabtion until 2017), my husband was granted as her guardian. We took her to court and she now has only supervised visitation with a member of CPS on the 1st, 3rd, and 5th weekend of each month for 2-3 hours each. In the court order, it does state that he can chose primary residency in the current county and contiguous counties. She is to pay child support to my husband also.

She does not utilize her visitations on a regular basis and will cancel last minute. She is also not paying her child support on a regular basis (it is being deducted from her paychecks), with a balance over $5000.

My husband and I are expecting a child any day now and he has received a great job in the oil field in which he will be gone 3 weeks out of the month. I will no longer be employed after the child comes because I will not be able to perform my job duties being on my own with 2 children. With that being said, my husband and I will be relocated to another city in the state that is 178 miles away in a little over 60 days. This is due to a large family support system in the area to help with the children and support, as well as better schools. This will not change her visitations set forth for the mother.

Her father and I will need to move in a little over 60 days, and feel the mother will not sign a notification letter that we send her, to just be spiteful even if her visits will not change. What are the options here? What will happen if we leave without a court order yet? She has not place to stay if her father and I relocate leave.

 

[Ohiogal]

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

My has a court order with his 5 year old childs mother, stating the have Joint Managing Conservatorship, but he is the Primary Custodial parent and the mother is the non-custodial parent. Due to his daughter being taken from the mother by CPS due to a domestic incident and a drug charge (keeping her on probabtion until 2017), my husband was granted as her guardian.

So your husband is the custodial parent.

We took her to court and she now has only supervised visitation with a member of CPS on the 1st, 3rd, and 5th weekend of each month for 2-3 hours each. In the court order, it does state that he can chose primary residency in the current county and contiguous counties. She is to pay child support to my husband also.

She does not utilize her visitations on a regular basis and will cancel last minute. She is also not paying her child support on a regular basis (it is being deducted from her paychecks), with a balance over $5000.

You didn't take her to court. You had no standing to take her to court. So no, you didn't. Okay so she is not frequent with her visits. She doesn't have to be. As for child support, it is being deducted from her paychecks.

My husband and I are expecting a child any day now and he has received a great job in the oil field in which he will be gone 3 weeks out of the month. I will no longer be employed after the child comes because I will not be able to perform my job duties being on my own with 2 children. With that being said, my husband and I will be relocated to another city in the state that is 178 miles away in a little over 60 days. This is due to a large family support system in the area to help with the children and support, as well as better schools. This will not change her visitations set forth for the mother.

Is 178 miles away in a place where dad is allowed to choose the residence? If not, dad has to go back to court. How is dad going to transport the child on the 1st, 3rd and 5th weekend to the current county for visitation?

Her father and I will need to move in a little over 60 days, and feel the mother will not sign a notification letter that we send her, to just be spiteful even if her visits will not change. What are the options here? What will happen if we leave without a court order yet? She has not place to stay if her father and I relocate leave.

Nothing will happen to you. Dad could be found in contempt if he does not follow the law. And you should not be sending mother anything. This is not your legal issue.

 

[ccm_2500]

I was trying to keep myself out of this but obviously I failed to do so.

My husband took her to court and is the custodial parent. The city is not within the current county or contiguous counties. I would be transporting the child majority of the time to the visits as I do now, or himself if he is off of work.

With the mother's history and and as a non-custodial parent, as well as supervised visitations, would it be likely that my husband would be granted the change of domicile?

 

[LdiJ]

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

My has a court order with his 5 year old childs mother, stating the have Joint Managing Conservatorship, but he is the Primary Custodial parent and the mother is the non-custodial parent. Due to his daughter being taken from the mother by CPS due to a domestic incident and a drug charge (keeping her on probabtion until 2017), my husband was granted as her guardian. We took her to court and she now has only supervised visitation with a member of CPS on the 1st, 3rd, and 5th weekend of each month for 2-3 hours each. In the court order, it does state that he can chose primary residency in the current county and contiguous counties. She is to pay child support to my husband also.

She does not utilize her visitations on a regular basis and will cancel last minute. She is also not paying her child support on a regular basis (it is being deducted from her paychecks), with a balance over $5000.

My husband and I are expecting a child any day now and he has received a great job in the oil field in which he will be gone 3 weeks out of the month. I will no longer be employed after the child comes because I will not be able to perform my job duties being on my own with 2 children. With that being said, my husband and I will be relocated to another city in the state that is 178 miles away in a little over 60 days. This is due to a large family support system in the area to help with the children and support, as well as better schools. This will not change her visitations set forth for the mother.

Her father and I will need to move in a little over 60 days, and feel the mother will not sign a notification letter that we send her, to just be spiteful even if her visits will not change. What are the options here? What will happen if we leave without a court order yet? She has not place to stay if her father and I relocate leave.

It sounds to me like you are the one who wants the move, since your husband will be in the oil fields for 3 weeks of every month so you are the one who is going to be near a "large family support system". As OG said, unless the move will be within the area described in the court orders your husband needs permission from the courts to relocate with the child...particularly since the child is under CPS supervision. (at least it appears so since CPS is supervising mom's visits).

Odds are that is going to take longer than 60 days to get a court date and permission from the judge to relocate the child. Are you also prepared to drive back to the area you are in every 1st, 3rd and 5th weekends to facilitate mom's visitation, since your husband won't be able to do that?...with a new infant no less? I can understand wanting to be near a family support system with a new baby and a husband that will be gone three weeks a month, but seriously think which would be worse? Not having family nearby or having to do that kind of traveling every month?

 

[ccm_2500]

My husband wants to make the move also because while he is gone, he would like his children and I to be near a support system for help when needed. He and I are prepared to make the trip for visits but they are usually only once a month since the mother does not utilize her visitations on a regular basis. My husbands daughter is only under CPS supervision while she is having a visit with her mother due to the mothers history. I will also be looking for a new job and will have family support for child care.

 

[Silverplum]

I was trying to keep myself out of this but obviously I failed to do so.

My husband took her to court and is the custodial parent. The city is not within the current county or contiguous counties. I would be transporting the child majority of the time to the visits as I do now, or himself if he is off of work.

With the mother's history and and as a non-custodial parent, as well as supervised visitations, would it be likely that my husband would be granted the change of domicile?

What about moving to one of the contiguous counties closer to Dad's new job and your preferred city, and call it a good compromise?

 

[Ohiogal]

My husband wants to make the move also because while he is gone, he would like his children and I to be near a support system for help when needed. He and I are prepared to make the trip for visits but they are usually only once a month since the mother does not utilize her visitations on a regular basis. My husbands daughter is only under CPS supervision while she is having a visit with her mother due to the mothers history. I will also be looking for a new job and will have family support for child care.

MOther is entitled to visits however up to three times a month. You may find you have to make that drive three times a month -- can you handle that? While the move most likely will not be denied, your husband will need court permission because it is outside the area in which he is allowed to choose the residence. Dad has to go through the proper legal channels if this is what he wants. And why does he have to move in less than 60 days?

 

[ccm_2500]

He is not willing to do that. He (and I) want to make the move to the city where his new job will be. The mother has not been a part of the childs life since she was 1.5 years old. The child does not even know her as her mother. The mother has only been granted visitation for the last year and does not utilize the visitations as stated in the court order. Would a court really prevent a move for the mother if her visitations do not change?

 

[ccm_2500]

The 60 days is due to the selling of the home. The end of March. Financially, he and I cannot really extend the stay any longer than that.

 

[Ohiogal]

He is not willing to do that. He (and I) want to make the move to the city where his new job will be. The mother has not been a part of the childs life since she was 1.5 years old. The child does not even know her as her mother. The mother has only been granted visitation for the last year and does not utilize the visitations as stated in the court order. Would a court really prevent a move for the mother if her visitations do not change?

Why doesn't the child know who mom is? Did dad not have pictures of mom? Does the child think YOU are mom? And a court is not likely to prevent a move. Doesn't mean it wouldn't happen but if there is alienation that could be a factor.

 

[ccm_2500]

The child does know me as mother since I have been with her since she was just over 2 years old. She knows that the other lady is also mom, her biological mother, but at 4 years old, when she is just thrown into visitations with her biological mother with the last time seeing her being at 1.5 years old, there is only so much one can say to a child to understand. It was the mothers choice not to have supervised visitations during the 2.5 years she was not in the child's life. The mother refused to see the child if it would be supervised until a year ago. There has been no alienation. The mother has made the choices not to see the child.

 

[Ohiogal]

The child does know me as mother since I have been with her since she was just over 2 years old. She knows that the other lady is also mom, her biological mother, but at 4 years old, when she is just thrown into visitations with her biological mother with the last time seeing her being at 1.5 years old, there is only so much one can say to a child to understand. It was the mothers choice not to have supervised visitations during the 2.5 years she was not in the child's life. The mother refused to see the child if it would be supervised until a year ago. There has been no alienation. The mother has made the choices not to see the child.

You NEVER should have allowed the child to consider you her mother. YOU are NOT her mother. YOU are legally no one. This child has one mother and it is NOT you. There has been alienation by you allowing the child to think you are her mother.

 

[Silverplum]

He is not willing to do that. He (and I) want to make the move to the city where his new job will be.

Well, then.

 

[LdiJ]

The 60 days is due to the selling of the home. The end of March. Financially, he and I cannot really extend the stay any longer than that.

You may not have any choice. He needs the court's permission to relocate the child and he is unlikely to even get a court date within 60 days, let alone a judge's decision.

 

[ccm_2500]

Ok. I just came on here to seek some advice for changing a Domicile Restriction. I did not intend on having the way the child views me talked about. I was simply trying to find out the options with the history of the mother and father in consideration since it is not the typical divorce custody agreement. I appreciate the feedback ohiogirl, but I also don't believe the conversation is going in the direction it was intended.