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Moving with temp orders??

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Ohiogal

Queen Bee
Maybe she did move on very quickly, but really it's not for us to judge based on that, in most cases even YOU have told parents that Judges do not consider new bed warmers or lack there of in custody cases, UNLESS they are a danger to the child. Who are we to judge how quickly she did or didn't move on?
Mom may not be an angel, but even you who has seen many damaged kids understand how much of a chance is being taken once someone is accused. And while the burden of proof needed is different in civil matters compared to criminal, apparently a judge decided it was enough to protect his own child from him, for the last year with supervised visits and ordered the child to have a GAL.
Again I'm not saying Mom is an angel, but I can understand the statement completely. and while my ex isn't accused of that he has damaged our 3 year old by his actions, actions that many times I have wished and thought the same thing, but never voiced it till now. But like this OP I have offered alternatives even if I feel differently. Give her at least a little credit for that IF she's being truthful.
SHE brought up her new bed buddy as father material in this thread. SHE DID THAT. So guess what -- that puts that on the table to illustrate her lack of judgment. GALs are offered in many cases -- in fact in some states any time there is disputed custody. Supervised visits are ordered if dad can't prove he has a relationship and mom is screaming blue bloody murder. IF she is being treatment, then she has issues quite frankly. I have spelled them out. When was the last hearing? When did the custody matter FIRST come to the court? I have explained myself to the OP. If she, and you, don't like it? TOUGH.
 


Proserpina

Senior Member
Wrong. Indictments are had on probable cause. Indictments come from a grand jury where ONLY the prosecution presents their side.
Indictments are often proven improper and incorrect when an actual trial comes. In fact, sometimes people are NOT GUILTY even if indicted. Amazing how that works. Hence why an indictment is considered HEARSAY and is not usually admissible. In fact some convictions are NOT admissible in court if you read the rules of evidence.

And again, moving is based on different level of evidence. Combine that with the fact that OP is now married, has only a 19 month old with the alleged abuser, two other children who if you believe her she failed to protect (and where is the FATHER of those children because he has a say) and the fact that she has already moved on, gotten married and wants new hubby to adopt the child. Hence, she has issues that a good attorney can blow up in court so that she appears to be the worst ("PATHETIC") mother in the western world. But let her continue on thinking she has a sure case.



Pretend I'm not here.

Now. Explain please, to the OP, how often a court denies a relocation case when the other parent has only 4 hours of supervised visitation - PER MONTH - and the parent wishing to relocate has made it quite clear that his visitation would not be reduced.
 

Manda83

Junior Member
SHE brought up her new bed buddy as father material in this thread. SHE DID THAT. So guess what -- that puts that on the table to illustrate her lack of judgment. GALs are offered in many cases -- in fact in some states any time there is disputed custody. Supervised visits are ordered if dad can't prove he has a relationship and mom is screaming blue bloody murder. IF she is being treatment, then she has issues quite frankly. I have spelled them out. When was the last hearing? When did the custody matter FIRST come to the court? I have explained myself to the OP. If she, and you, don't like it? TOUGH.
Supervised visits were given because of the charges. Originally, the judge was willing to order NO visits but changed to supervised because the case HADN'T gone to indictment. Custody proceedings were started before any allegations were made, it went to court 2 weeks after he was arrested, and the last court date was this Jan. We are scheduled to go back in July. Nothing has been finalized because of the pending criminal charges.
 

Manda83

Junior Member
Pretend I'm not here.

Now. Explain please, to the OP, how often a court denies a relocation case when the other parent has only 4 hours of supervised visitation - PER MONTH - and the parent wishing to relocate has made it quite clear that his visitation would not be reduced.
And offered to lengthen visits since I would be moving so far away.
 

I'mTheFather

Senior Member
Manda83, what did your child's attorney recommend for visitation with the father? Was that an attorney ad litem? Amicus attorney?
 

Manda83

Junior Member
Manda83, what did your child's attorney recommend for visitation with the father? Was that an attorney ad litem? Amicus attorney?
She recommended 1 supervised hour every other week. He requested 4 hours. I requested none until pending charges were settled. We compromised with 2. And yes, it was the child's Ad Litem that suggested it.

According to her, apparently Texas recently passed a law that states the father HAS to get, at a minimum, 1 hour of supervised visitation at least every other week unless parental rights were being terminated.
 
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stealth2

Under the Radar Member
There are no notification requirements in the temp order, but I have notified the father.

I do need to practice that. He was not a part of the child's life until he was over a year old, and visitation has been sporadic at best since then.
However, I believe you need to go through the court in TX to move the child out of state. Don't forget the other Dad, too.
 

Manda83

Junior Member
However, I believe you need to go through the court in TX to move the child out of state. Don't forget the other Dad, too.
Other dad has been notified as well. I know with him, I just have to give written notice 30 days prior or as soon as reasonably possible if the move is less than 30 days out. I have never had to go through the court to move out of state before with him, but we have always had an open visitation and amicable relationship. Its much different with the baby's father, hence the question and notification to him even with the absence of a notification process.

What do you mean by "go through the court"? Even without geographical restrictions, I still have to ask the courts if I can move the child?
 
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stealth2

Under the Radar Member
Other dad has been notified as well. I know with him, I just have to give written notice 30 days prior or as soon as reasonably possible if the move is less than 30 days out. I have never had to go through the court to move out of state before with him
Is that order also out of TX? If not, TX requirements don't matter. WRT to THAT order.

But what matters wrt to relocating the 19mo old is TX law. If TX requires notice to/permission from the court? Then that's what you need to do, no matter what your order says, or doesn't.
 

Manda83

Junior Member
Is that order also out of TX? If not, TX requirements don't matter. WRT to THAT order.

But what matters wrt to relocating the 19mo old is TX law. If TX requires notice to/permission from the court? Then that's what you need to do, no matter what your order says, or doesn't.
Yes, it is. But this temp order in regards to the 19mo old states nothing about notice requirements to the father or courts, just that I have no geographical restrictions. I have always given notice to dad, court, and attorney general of any and all moves, whether it be out of state or down the street, just to be on the safe side, but have never had to ask permission to move. That is where I am confused. Are you saying that TX requires that I ask the court, or that I should find out if it is a requirement to ask the courts permission/notify the court about the move?

Additionally, I never had temp orders with the other father. Everything was agreed to and pretty cut and dry. Hence the question of moving before the orders were finalized.
 
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mommyanme

Member
Yes, it is. But this temp order in regards to the 19mo old states nothing about notice requirements to the father or courts, just that I have no geographical restrictions. I have always given notice to dad, court, and attorney general of any and all moves, whether it be out of state or down the street, just to be on the safe side, but have never had to ask permission to move. That is where I am confused. Are you saying that TX requires that I ask the court, or that I should find out if it is a requirement to ask the courts permission/notify the court about the move?

Additionally, I never had temp orders with the other father. Everything was agreed to and pretty cut and dry. Hence the question of moving before the orders were finalized.
This is from Houston; "The UCCJEA has several important provisions for parents who are divorced and live in separate states. A Houston child visitation rights attorney can explain how these important provisions apply to you:

If a custodial parent plans to move, he or she must provide the other parent with at least 60 days notice of the move if it involves a move to another state or a move more than 100 miles away.
The UCCJEA uses the ‘home state’ doctrine. If the custodial parent takes the child to another state, that new state must enforce the Texas child custody and visitation rights order. In most cases, the Texas order will continue to be valid, and other states should enforce it as a Texas court decided it. Prosecutors and law enforcement in the state where a parent and child moved can take actions to enforce the original Texas order without the non-custodial parent having to travel to the new state.
If a parent seeks to modify a child custody and visitation rights order, he or she must do so in Texas, provided that a Texas court originally decided the order. This is a tremendous benefit over years ago, as parents can no longer move out of state as a means to delay or contest child custody and visitation rights orders. A parent with visitation rights can seek an order modification right in Texas, without having to travel to the state where the other parent and child now live.

In certain emergency situations, such as domestic violence or child abuse, the UCCJEA will enable a state to exercise emergency jurisdiction over the child custody and visitation rights order.

In order to enforce UCCJEA provisions in Texas, the parent with visitation rights must still reside in Texas (Texas courts cannot have jurisdiction if neither parent has contacts with the state anymore). To obtain the UCCJEA’s benefits, it is vital that a Texas court adjudicate a couple’s divorce decree and child custody and visitation rights. Without this order being decided in Texas, there is often a “race to the courts,” as one of the spouses attempts to have his or her preferred state determine child custody and visitation rights." http://www.houstondivorce.us/interstate.html

http://www.nicholslaw.com/Articles/Child-Custody-Moving-Out-of-State.shtml

"3. The Penalty for Moving – Even if there is no restriction of the domicile of the child to a particular county, the Texas Family Code penalizes the custodial parent who moves more than 100 miles from the location of the residence of the other parent by requiring the moving parent to pick up the child from the residence of the noncustodial parent at the end of each of the noncustodial parent’s periods of possession of the child. If the noncustodial parent moves first, he or she is responsible for both picking up and returning the child to the custodial parent." http://normatrusch.com/domicile-restrictions.html


http://www.lanwt.org/txaccess/childvisatation.asp

http://www.nacollawfirmblog.com/family-law/interstate-jurisdiction/preventing-custodial-parent-from-relocating-children-out-of-state


That should get you started on searching Texas Laws on moving
 
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Ohiogal

Queen Bee
And offered to lengthen visits since I would be moving so far away.
So you offered him longer visits while still believing he molested your older two children? Really? I am missing that logic. He is a horrible danger but let's give him MORE time. :confused:
 

stealth2

Under the Radar Member
It's MOM'S FAULT that her children were molested? For real?
I don't disagree, but to find it.... odd.... that Mom would offer greater visitation to the man who molested her other kids...

And I have to admit curiosity regarding just how many times Mom has moved the kids (all three of them)... in-state, out-of-state....
 
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CJane

Senior Member
I don't disagree, but to find it.... odd.... that Mom would offer greater visitation to the man who molested her other kids...
SUPERVISED visits. Maybe to show she's NOT trying to thwart his relationship with the child while the case is ongoing? But she can't win for losing on that one. She's either the spawn of satan because she wants to LET HIM terminate his rights like he OFFERED, or she's the spawn of satan because she's willing to extend the amount of SUPERVISED time he's allowed with the child. And either way, she's the spawn of satan for ALLOWING her children to be molested by her HUSBAND.

And I have to admit curiosity regarding just how many times Mom has moved the kids (all three of them)... in-state, out-of-state....
Mom already posted that her husband was military. I suspect they've moved a few times. Big deal. The father of the older children clearly didn't have an issue with it. We're NOT military and I moved the kids 4 times in the first 5 years after my divorce.
 
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