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  1. #1
    TexasDad28 is offline Junior Member
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    How do I give Notice of Intent to Relocate

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

    I have been divorced for a little over a year now. My ex and I have two children, ages 2 and 5.

    I currently live with my children in my parents' house in Texas, but I wish to relocate out of state with the children to move in with my girlfriend. We have a standard possession order in our divorce decree, but I allow my ex to see her children whenever she wants.

    My divorce decree makes me the primary without actually using the term. it states that I have the exclusive right, after first consulting with the other joint managing conservator (my ex) to designate the residence of the children unrestricted as to geographic location.

    Basically, my question is this: Do I just have to send her a certified letter? Or do I have to go to the courts and file something more official? What do I write in the letter? What happens if she doesn't sign for the letter? I understand that she has a right to file a motion to stop me; what happens then?

    Thank you for your advice;
    TexasDad

    PS: This is probably irrellevant to the subject, but she doesnt provide health insurance to the kids as she is required by the decree, and I dont know how to enforce it. She does pay child support though.
  2. #2
    LdiJ is offline Senior Member
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    Quote Originally Posted by TexasDad28 View Post
    What is the name of your state (only U.S. law)? Texas

    I have been divorced for a little over a year now. My ex and I have two children, ages 2 and 5.

    I currently live with my children in my parents' house in Texas, but I wish to relocate out of state with the children to move in with my girlfriend. We have a standard possession order in our divorce decree, but I allow my ex to see her children whenever she wants.

    My divorce decree makes me the primary without actually using the term. it states that I have the exclusive right, after first consulting with the other joint managing conservator (my ex) to designate the residence of the children unrestricted as to geographic location.

    Basically, my question is this: Do I just have to send her a certified letter? Or do I have to go to the courts and file something more official? What do I write in the letter? What happens if she doesn't sign for the letter? I understand that she has a right to file a motion to stop me; what happens then?

    Thank you for your advice;
    TexasDad

    PS: This is probably irrellevant to the subject, but she doesnt provide health insurance to the kids as she is required by the decree, and I dont know how to enforce it. She does pay child support though.
    Despite what your court orders state, in the end, you are going to need either the permission of mom, or the permission of the courts to relocate with the children.

    You are going to have to demonstrate that the move is in the best interests of the children. Unfortunately, moving to live with a new significant other is generally not going to cut it as far as the children's best interests are concerned.

    Is mom able to provide health insurance? Are the children covered now?
  3. #3
    TexasDad28 is offline Junior Member
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    I had a lawyer for my divorce, and she said that my ex can file a petition to force me to remain in the county area, but the judge would look very favorably to my case since my ex did sign that I had the right to move.

    My parents are helping me to get my own insurance for the kids. Since we live with my parents my kids do not qualify for medicaid, so I applied for something else. I can't think of the name off the top of my head. I asked my ex about health insurance, she said she'd ask her work but she never did it. I don't think her work provides real health insurance...

    Can you tell me how to send written notice of my intent to relocate? From what I understand, (which is very little) I just have to send her a certified mail and keep a copy for my records. I don't want to miss any steps though.
  4. #4
    LdiJ is offline Senior Member
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    Quote Originally Posted by TexasDad28 View Post
    I had a lawyer for my divorce, and she said that my ex can file a petition to force me to remain in the county area, but the judge would look very favorably to my case since my ex did sign that I had the right to move.

    My parents are helping me to get my own insurance for the kids. Since we live with my parents my kids do not qualify for medicaid, so I applied for something else. I can't think of the name off the top of my head. I asked my ex about health insurance, she said she'd ask her work but she never did it. I don't think her work provides real health insurance...

    Can you tell me how to send written notice of my intent to relocate? From what I understand, (which is very little) I just have to send her a certified mail and keep a copy for my records. I don't want to miss any steps though.
    If her job doesn't provide real health insurance, then she cannot provide insurance.

    Yes, you need to send her a certified letter outlining your intent to relocate. However, I honestly don't think that your chances are very good.
  5. #5
    TexasDad28 is offline Junior Member
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    Do you have a template I could follow in writing a letter of intent? I would like to relocate my children after their christmas break. When should I send the letter to my ex? the move is about 2 and a half months away. Right now I do not have a specific house address for where I am moving, but I can give the city and state. Is that enough?
  6. #6
    momofrose is offline Senior Member
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    There are a few issues here...you want to move your children in with your girlfriend? Not seeing a judge allowing that!! Do you have a job out there?

    Do you have a proposed co-parenting agreement ready to send with this letter of intent? Are you agreeable to providing transportation for the kids to be with their mom during her time?

    D
  7. #7
    TexasDad28 is offline Junior Member
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    Quote Originally Posted by momofrose View Post
    There are a few issues here...you want to move your children in with your girlfriend? Not seeing a judge allowing that!! Do you have a job out there?

    Do you have a proposed co-parenting agreement ready to send with this letter of intent? Are you agreeable to providing transportation for the kids to be with their mom during her time?

    D
    The standard possession order, which is part of our divorce decree has visitation rules governing two situations: my ex lives within 100 miles, and my ex lives farther than 100 miles. I am pretty sure I should not have to agree to pay travel expenses.

    What I do know is that my divorce decree gives me the right to move unrestricted, and it outlines specific visitation rights for when my ex lives outside 100 miles.

    On a personal level: I do feel bad about moving, but my ex has no ties to this area and if I do move, I am sure she will relocate as well to be near the children. I have to move or I can't be with my girlfriend, who I plan to marry... so this is a pretty big deal.
  8. #8
    momofrose is offline Senior Member
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    Quote Originally Posted by TexasDad28 View Post
    The standard possession order, which is part of our divorce decree has visitation rules governing two situations: my ex lives within 100 miles, and my ex lives farther than 100 miles. I am pretty sure I should not have to agree to pay travel expenses.

    Don't be SURE about this - judges have been known to have the parent that is moving to pay any additional transportation costs - I mean it is YOU moving, not her.

    What I do know is that my divorce decree gives me the right to move unrestricted, and it outlines specific visitation rights for when my ex lives outside 100 miles.

    She can still object to the move.

    On a personal level: I do feel bad about moving, but my ex has no ties to this area and if I do move, I am sure she will relocate as well to be near the children. I have to move or I can't be with my girlfriend, who I plan to marry... so this is a pretty big deal.
    This is very presumptuous of you. You assume she would move? You don't HAVE TO move...you are CHOOSING TO move.

    If you feel bad about this - why doesn't "girlfriend" move to your area. Also - how well do your kids know her?
  9. #9
    TexasDad28 is offline Junior Member
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    Quote Originally Posted by momofrose View Post
    This is very presumptuous of you. You assume she would move? You don't HAVE TO move...you are CHOOSING TO move.

    If you feel bad about this - why doesn't "girlfriend" move to your area. Also - how well do your kids know her?
    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.
    Last edited by TexasDad28; 10-15-2009 at 08:26 AM.
  10. #10
    momofrose is offline Senior Member
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    Quote Originally Posted by TexasDad28 View Post
    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...
    Send you letter of intent to your ex wife - outlining the reasons why for this move, how it benefits the children and what the proposed parenting time changes (if there are any).

    If you are lucky, she'll be fine with it, but if she objects to it - I am not seeing a court letting you take your children out of the state to move in with your girlfriend...that DOES NOT benefit the children. It only benefits you.

    As far as your girlfriend and her "restrictions" - she can also file a notice of intent to move - since their father does not have visitation anyway - it would make more sense for her to move.
  11. #11
    TexasDad28 is offline Junior Member
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    Quote Originally Posted by momofrose View Post
    Send you letter of intent to your ex wife - outlining the reasons why for this move, how it benefits the children and what the proposed parenting time changes (if there are any).

    If you are lucky, she'll be fine with it, but if she objects to it - I am not seeing a court letting you take your children out of the state to move in with your girlfriend...that DOES NOT benefit the children. It only benefits you.

    As far as your girlfriend and her "restrictions" - she can also file a notice of intent to move - since their father does not have visitation anyway - it would make more sense for her to move.
    My girlfriend tried and they said no. I thought that since my divorce decree states that I can move unrestricted they would be very inclined to allow it. I really didn't think it would be something I should worry about since she already agreed in our divorce decree.

    Do you really think a judge will deny my request if she petitions against it? My lawyer told me the judge would most likely agree with the terms of my decree.

    Your advice is appreciated.
  12. #12
    Ohiogal is offline Senior Member
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    Quote Originally Posted by TexasDad28 View Post
    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.
    Wait a minute -- you don't see the hypocrisy in your statements/ Your girlfriend is choosing her child over YOU but you are choosing HER over your children. Your children's relationship with YOUR girlfriend/bedmate/paramour is NOTHING compared to their relationship with their MOTHER. You cannot expect your ex to follow you around every time you get a new bedmate. Have her file to move and see what happens.
    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.
  13. #13
    Ohiogal is offline Senior Member
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    Quote Originally Posted by TexasDad28 View Post
    My girlfriend tried and they said no. I thought that since my divorce decree states that I can move unrestricted they would be very inclined to allow it. I really didn't think it would be something I should worry about since she already agreed in our divorce decree.

    Do you really think a judge will deny my request if she petitions against it? My lawyer told me the judge would most likely agree with the terms of my decree.

    Your advice is appreciated.
    It is very likely the judge COULD deny it. Especially if mom has a relationship with her children. No one can guarantee that you would get permission.
    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.
  14. #14
    Ronin is offline Member
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    I have the exclusive right, after first consulting with the other joint managing conservator (my ex) to designate the residence of the children unrestricted as to geographic location.
    This statement suggests that while there is no restriction on WHERE you relocate to, you can only relocate AFTER you have consulted with (and come to an agreement) with the other Joint Managing Conservator. You may interpret 'consulting' as only meaning 'notification', but this would be inconsistent with the spirit of Joint Managing Conservatorship and the meaning of this term.

    If she decides to contest your move, you may have a bit more of an uphill battle in court than you are now anticipating. This is far from a slam dunk...
  15. #15
    CJane is offline Senior Member
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    If you can't even articulate to US why this move is in your children's best interests, how on EARTH do you expect to articulate same to a judge?

    If your wife files to fight this relocation, and it seems like she will, then there's NO WAY you're moving between semesters, there just isn't time to get through court.

    And if the move IS eventually approved by the courts, it's a near guarantee that you'll be paying ALL transportation.

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