joint custody and mom wants to move out of state

[sha113]

I live in Texas this is my question: My boyfriend has just aquires joint custody of his 7 yr old son. There were issues before and he was not in his life before 6 months ago. The mother lived in another state she chose to come here and let him be a part of his son's life. They have joint custody papers and he pays 600 a month support plus 500 for private school. He is trying to do the best he can for the child and now she has decided that it would be better for her and the child to move with her boyfriend to oklahoma. She says that it is her desision and that it is her child and he can not win if he wants to fight her because she is the mother. There is a clause in the papers that says niether of them can move outside of dallas or tarrent county. He has spoken to a lawyer and is going to try for full custody, he does not want it he wants her to be a part of the child's life but he feels this is the only way that he can keep her from moving. Is that true? Can the court prevent her from taking the child? Is there a chance that they can reverse the joint cutody and give her full custody. It has been a trying time for all b/c they have week on week off visitation and it is also rough on the child to adapt to. Will that be a factor? I will not say that she is unfit but she is neglectful to some degree 3000.00 worth of dental work on his baby teeth when he got here was needed. She is also not as stable emotionally or financially as my boyfriend is. Can they use the past against him even though he has paper now? I know that you can not make up for missing out on your childs youth, but she kept the child from him, claiming that she did not need him in his like? Any answers would help. He does not want to take the child away but he is heartbroken over just getting a chance to e a part of his life and now she is threatening to take him away.
Thanks
Sha113

 

[VeronicaGia]

I was just moving this up the board in hopes that someone would help you.

 

[lcollins]

If the clause about neither of them being able to move outside the county was issued by a court, she can't move without legal ramifications. If she wants to move, she will have to notify the courts. They will need to know why she wants the move - her reasons will have to prove it will be in the best interest of the child, i.e. better job, etc. Your BF can protest the move to the courts. If she does move without letting the courts know, she will be in contempt. The dad filing for full custody on the basis that the mom wishes to move, however, will not fly with the courts in all probability. They will not award custody on the basis of moving. He can however, file a petition with the courts if she decides to move without the courts authority.

 

[sha113]

Thank You for your reply. He has decided to seek a lawyer because she told us today she is leaving in a week. Hopefully everything will work out and he will not have to lose his son. Thanks again.
sha113

 

[nailtech]

My decree states I have to give a 30 day written notice via certified letter... I thought most decrees do also... if she wanted her freedom to roam the states, she shouldn't have hit him up for the support... my theory is, "If you pay, you should have a say"


good luck...

 

[sha113]

Thanks
I will have him check into that as well. I will let all of youknow what we find out.
Sha113

 

[kat1963]

Lawyer will probably file a TRO (temporary restraining order) preventing her from taking the child. As for him getting custody, well I've had 3 female friends in the past few years lose on a move...one has since moved back in order to regain joint custody. It all depends on the judge.
Good Luck!
KAT

 

[sha113]

well, my bf got a lawer and filed papers including temp restraining order, but she is still gone. Mom has now moved, told us she is in denison tx, but not sure she is there, child is not in school as far as we know and lawer says that bf can not do anything if she is out of state he just has to wait for hearing, but question is will she bring the child back on fri night which is the set exchange time and if she does not then what? bf is very worried and scared that she can just keep the child and not bring him back. It is impossible for him to attend 2 different schools so what to do now? we were told that the police can not be involved because it is cival case even if she is breaking the original papers not to take him out of the surrounding county. We think that she is lying about where she is so that it looks like she is still in texas. Any additional info would be helpful.
Thanks
sha113

 

[sha113]

p.s. The reason he is with the mother now is b/c bf was told that it would be best not to keep him because of original paper agreement to exchange.

 

[Grandma B]

I hope your bf has the best family law attorney he can afford. Since she moved without the court's approval, they have the authority to make her return to the area with the child, and she is likely to lose custody. Being a mother doesn't give one any more rights than being a father. Best of luck to your bf and his son.

 

[sha113]

Thanks so much for the thoughts and concearns. I think that he they are going to serve her with hearing papers and try to take the child before she can leave again. She is in town with her brother we think to cash th cs check, so she went to bf lawyer and told her that she had moved to ok had a job and was going to go to school and wanted child with her. We can not figure out why she would go and admit that she had broken the orders? anyway i will let you all know what happens.
Thanks again
sha113