How do I give Notice of Intent to Relocate

[TexasDad28]

Well, I did not think it was necessary, but as per all your advice, I will write something up in the letter of intent, outlining how it is in the children's best interest. I don't really feel comfortable posting that stuff here though. I found a post in another thread that shows what a good letter of intent looks like, so I'll use that template.

 

[CJane]

Well, I did not think it was necessary, but as per all your advice, I will write something up in the letter of intent, outlining how it is in the children's best interest. I don't really feel comfortable posting that stuff here though. I found a post in another thread that shows what a good letter of intent looks like, so I'll use that template.

You don't understand.

You don't have to prove to MOM that it's in the children's best interests, she can object just because.

You'll have to prove to THE COURT that it's in the children's best interests.

 

[Isis1]

Ok... I'm sorry for saying this? I did not mean to offend you. My kids know my girlfriend, who they have seen many times, and my oldest daughter talks about her all the time.

My girlfriend cannot move to my area because her divorce restricts her to the county she lives in. Even though her husband has a violent felony conviction she is not allowed to move. Extremely unfair in my opinion, since he is not allowed visitation with his children anyway...

My ex has child neglect on her record, if you must know... so I think it's unfair to villainize me.

i know this is a tad bit off topic.....but if the father of the girlfriend's children is not allowed visitation by the court anyway, why doesn't she put in a notice of intent to move anyway? most judges cannot stop the parent from moving, but if they cannot justify giving the children to the stationary parent, then there is not legal reason to keep the residential parent in the same community. i think she has a better shot at getting the courts to modify that then you do.

 

[Ronin]

If your ex objects, the burden will be on you to establish that it is in the best interests of the children to relocate, not your own best interests.

Given your decree as written does not appear to give you carte blanche license to relocate against the wishes of the other parent, the court will most likely grant a request from the mother to enjoin the children from relocating until the dispute can be resolved in court.

This would throw the ball in your court to file a suit for modification of the order based upon a change in circumstances, although she could also file suit.

Most relocation cases in Texas give a lot of weight to the relocation imperatives enumerated in Lenz v Lenz. These include an improvement in the standard of living of the children, better job or educational opportunities for the custodial parent, and more. Bottom line is if your ex ojects to the move, you will likely have to frame your arguments to the court in this context.

Whatever issues of neglect your ex had, it apparently was not sufficient to deny her joint managing conservatorship of the children, as is often the case with issues of neglect. If you were sole managing conservator you would be in a stronger position than you are now.

If the main reason for relocation is to move in with a girlfriend in another state, with other reasons that are really only sugar coating for the main reason, then you might have a real challenge convincing a judge relocation is in the childrens best interests.