Moving with temp orders??

[Manda83]

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

I have temporary sole custody with the father getting visitation every other weekend of my 19month old son. My new husband was offered a job in Kansas. The orders state there is no geographical restrictions. Am I allowed to move out of Texas with him before our final hearing in July?

 

[stealth2]

You may move wherever you like. I wouldn't expect to be able to move the child w/o proper notification.

p.s. It is not just your child. You may want to practice "our child" before going to court.

 

[Manda83]

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.

 

[Proserpina]

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

I have temporary sole custody with the father getting visitation every other weekend of my 19month old son. My new husband was offered a job in Kansas. The orders state there is no geographical restrictions. Am I allowed to move out of Texas with him before our final hearing in July?

While there may be no restrictions on the order, in my opinion you would be incredibly foolish to go ahead with that idea.

You have a temporary order. You are now wanting to relocate the child to another state. I would expect the court to be annoyed (because it seems that you're doing an excellent job of thwarting Dad's parenting time), perhaps to the point where you'll be given the choice of staying put or relocating without the child.

With that said, how far are you moving? What sort of visitation are you going to offer Dad? Would it stay the same (this one is critical)?

 

[Proserpina]

There is no notification requirements in the temp order, but I have notified the father.

Have you informed the court?

What does Dad want to do?

 

[Manda83]

While there may be no restrictions on the order, in my opinion you would be incredibly foolish to go ahead with that idea.

You have a temporary order. You are now wanting to relocate the child to another state. I would expect the court to be annoyed (because it seems that you're doing an excellent job of thwarting Dad's parenting time), perhaps to the point where you'll be given the choice of staying put or relocating without the child.

With that said, how far are you moving? What sort of visitation are you going to offer Dad? Would it stay the same (this one is critical)?

I have offered dad multiple alternatives to visitation, to include a longer visit. While I would love that he never sees our child again and just signs over rights for my husband to adopt, I have not thwarted his attempts at parenting at all. He currently has supervised visitation as he is pending criminal charges for aggravated sexual assault to a minor and indecency with a child. Orders have been temporary for a little over a year now. He has cancelled more visits than he has been to, and most of those have been cut short by him. Relocating is due to a great job opportunity for my husband as well as myself, and would allow for a better relationship with and support from my side of the family as it would be in the same town as they live. The move would put us 8 hours from dad.

 

[Manda83]

Have you informed the court?

What does Dad want to do?

I have not informed the court, just his dad and our son's attorney. Dad has not said either way yet what he wants to do, but many options have been presented. I have offered to meet halfway and extend visits, dad travel to new residence and make the visit an all day visit, or for him to sign over rights so that my husband can adopt. He currently gets 2 hours of supervised visitation every other Saturday. I will add that he has offered to sign over rights if I would have the felony charges dropped. 2 of my other children accused him of molestation after we separated, but he offered that months ago. Additionally, it is not my decision to drop those charges, that would be up to the state.

 

[Ohiogal]

I have offered dad multiple alternatives to visitation, to include a longer visit. While I would love that he never sees our child again and just signs over rights for my husband to adopt, I have not thwarted his attempts at parenting at all. He currently has supervised visitation as he is pending criminal charges for aggravated sexual assault to a minor and indecency with a child. Orders have been temporary for a little over a year now. He has cancelled more visits than he has been to, and most of those have been cut short by him. Relocating is due to a great job opportunity for my husband as well as myself, and would allow for a better relationship with and support from my side of the family as it would be in the same town as they live. The move would put us 8 hours from dad.

You would love he never sees HIS child again yet you willingly slept with him. You CHOSE to sleep with him and have his baby. Your husband is NOT the child's father. Your family does not count -- what counts for the child is the his mother and father. Maybe you should have had better judgment and been more particular about who you allowed to invade your country. Your attitude shows that you would thwart the father's attempts to be involved.

 

[Ohiogal]

I have not informed the court, just his dad and our son's attorney. Dad has not said either way yet what he wants to do, but many options have been presented. I have offered to meet halfway and extend visits, dad travel to new residence and make the visit an all day visit, or for him to sign over rights so that my husband can adopt. He currently gets 2 hours of supervised visitation every other Saturday. I will add that he has offered to sign over rights if I would have the felony charges dropped. 2 of my other children accused him of molestation after we separated, but he offered that months ago. Additionally, it is not my decision to drop those charges, that would be up to the state.

How old are your other children? Have they been in counseling? Who is/are their father(s)? How long were you with the father of this baby? Again, your attitude as portrayed by your posts can hurt you here.

 

[Ladyback1]

You would love he never sees HIS child again yet you willingly slept with him. You CHOSE to sleep with him and have his baby. Your husband is NOT the child's father. Your family does not count -- what counts for the child is the his mother and father. Maybe you should have had better judgment and been more particular about who you allowed to invade your country. Your attitude shows that you would thwart the father's attempts to be involved.

Most people who have an EX realize that they had an error of critical thinking when they pro-created with the EX (but the majority would NOT go back and change it, because then we would not have the child or children we have). Or, the person they became involved with was not the person they thought they were. Or a whole myriad of reasons that the other party is now an Ex.

Everyone, at some point, should have practiced better judgment. Yes, even you OG!
And, while I respect the fact that you have a huge abundance of knowledge and experience with family law matters...You should really work on your "people skills". You do more harm than good when you come on here being so rude, abrasive, condescending and judgmental.

 

[Manda83]

You would love he never sees HIS child again yet you willingly slept with him. You CHOSE to sleep with him and have his baby. Your husband is NOT the child's father. Your family does not count -- what counts for the child is the his mother and father. Maybe you should have had better judgment and been more particular about who you allowed to invade your country. Your attitude shows that you would thwart the father's attempts to be involved.

How old are your other children? Have they been in counseling? Who is/are their father(s)? How long were you with the father of this baby? Again, your attitude as portrayed by your posts can hurt you here.

You are correct, I choose to sleep with him and now have to face the consequences. The reason I left was because of the molestation accusations. Its not like I could look into his mind and see that he was going to molest my other children. There were never any signs that he was capable of something like that. He was allowed to see his child after the CPS investigation was completed, and never once have I denied him visitation. Im not sure how that means that I am trying to thwart his attempts to be involved?? Because I want to move for a better job opportunity for not just my husband but myself as well?

Im not sure how your other questions pertain to this situation, but they are 5 and 9, from my previous marriage, yes they have been in counseling, and I was with the baby's father for a little over a year.

 

[Proserpina]

I have not informed the court, just his dad and our son's attorney. Dad has not said either way yet what he wants to do, but many options have been presented. I have offered to meet halfway and extend visits, dad travel to new residence and make the visit an all day visit, or for him to sign over rights so that my husband can adopt. He currently gets 2 hours of supervised visitation every other Saturday. I will add that he has offered to sign over rights if I would have the felony charges dropped. 2 of my other children accused him of molestation after we separated, but he offered that months ago. Additionally, it is not my decision to drop those charges, that would be up to the state.

Ok, can I just make sure I'm understanding please?

He has very limited visitation with your children (2 hours supervised every two weeks) and it's been that way for over a year?

The pending charges involve the children you share, yes?

Do you have any idea when the trial go ahead?

(If I'm understanding correctly I'm about to basically retract everything I said earlier, but I need confirmation from you first)

 

[Manda83]

Ok, can I just make sure I'm understanding please?

He has very limited visitation with your children (2 hours supervised every two weeks) and it's been that way for over a year?

The pending charges involve the children you share, yes?

Do you have any idea when the trial go ahead?

(If I'm understanding correctly I'm about to basically retract everything I said earlier, but I need confirmation from you first)

He has 2 hours supervised with the one child (only the 19 month old is his) every other Saturday. The pending charges involve my children from my previous marriage. The case goes to indictment this month.

 

[Proserpina]

He has 2 hours supervised with the one child (only the 19 month old is his) every other Saturday. The pending charges involve my children from my previous marriage. The case goes to indictment this month.

Then I STRONGLY urge you to speak with an attorney first thing tomorrow. While I realize there is no conviction at this point, and I realize that there may be details we don't know, you may have a much easier time relocating than I indicated earlier - in fact you may find that it's virtually impossible for the court to deny your request. Texas does not have a presumption either in favor of, or against, relocation and the court can order both or one party to be responsible for costs incurred.


But do it right. Get an attorney consult, and see what s/he says.

 

[Proserpina]

You would love he never sees HIS child again yet you willingly slept with him. You CHOSE to sleep with him and have his baby. Your husband is NOT the child's father. Your family does not count -- what counts for the child is the his mother and father. Maybe you should have had better judgment and been more particular about who you allowed to invade your country. Your attitude shows that you would thwart the father's attempts to be involved.

You've got to be kidding me.

She's wanting to keep her kids safe? Did you actually read the thread?