Primary residence designated within county, but I want to move

[micmlr]

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

My ex & I are Joint Managing Conservators for our 5 year old.
I can designate primary residence within our county and surrounding.
I would like to move possibly this summer to another town (170 miles away) but I don't have a bunch of money to get a lawyer and fight with my ex regarding the move and my son.
Any suggestions?
I could spring a meditation on him and try to discuss with logical others around to see if we can mutually work something out, but he already told me that he wants custody.

Thanks in advance

 

[Proserpina]

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

My ex & I are Joint Managing Conservators for our 5 year old.
I can designate primary residence within our county and surrounding.
I would like to move possibly this summer to another town (170 miles away) but I don't have a bunch of money to get a lawyer and fight with my ex regarding the move and my son.
Any suggestions?
I could spring a meditation on him and try to discuss with logical others around to see if we can mutually work something out, but he already told me that he wants custody.

Thanks in advance

Why is it in your child's best interest to be moved so far from the other parent?

 

[micmlr]

Well, I have another child that it is in her best interest that we move to a smaller town to avoid inner-city schools.
I would still share custody as best as possible with my ex and our son.

 

[Proserpina]

Well, I have another child that it is in her best interest that we move to a smaller town to avoid inner-city schools.
I would still share custody as best as possible with my ex and our son.

Assuming your other child is not your ex's...there's a pretty simple solution here.

Let your ex have custody of your son, and you move with your daughter.

 

[micmlr]

Assuming your other child is not your ex's...there's a pretty simple solution here.

Let your ex have custody of your son, and you move with your daughter.

I don't want my ex to have custody of my son, he is only 5!

 

[Proserpina]

I don't want my ex to have custody of my son, he is only 5!

....so?


Look, if Dad fights this you're likely going to have to make a decision - you either stay put and deal with the school system (because your other child's welfare is none of Dad's - or the court's - concern), or you're likely going to end up being the visiting parent.


Have you tried to sweeten the pot a little? Offered to pay ALL transportation costs, provide a very generous parenting plan?

 

[micmlr]

Have you tried to sweeten the pot a little? Offered to pay ALL transportation costs, provide a very generous parenting plan?

I'm working on it, but he doesn't budge.

 

[Proserpina]

I'm working on it, but he doesn't budge.

Then really, it's going to be up to a judge to decide.

Your daughter's schooling isn't going to come into play at all, I'm afraid.

You'll have to prove why it's in your SON's best interest.

Not yours, not your daughter's - but your son's best interest.

 

[mistoffolees]

I don't want my ex to have custody of my son, he is only 5!

Then don't move.


The situation is simple. If it goes to court, you would have to provide a strong reason as to why it's in the child's best interest to move (NOT the other child). That reasoning would have to be strong enough to overcome the harm that would be done by taking the child away from his other parent. In addition, there's a pretty strong bias in the courts toward the status quo. The court needs a strong reason to make ANY changes.

If it really is all about your daughter's school, look at private schools. You can probably get a private school for less than it costs you to move. Or, move into a different school district but not so far away. I'm sure that there's a decent school SOMEWHERE within your county and surrounding counties - no matter where you live.

 

[stealth2]

Well, I have another child that it is in her best interest that we move to a smaller town to avoid inner-city schools

And it's 170 miles to find that? Sorry hon - not buying that one. Not even in TX. All of the big cities/inner cities have suburbs. Which likely have better schools.

Also - where is HER father? You'll have to deal with him, too. Ya know?

 

[Tex78704]

Unless you can get the father to voluntarily agree to relocation, you will need to file an original Suit for Modification along with evidence supporting the change in circumstances to justify this modification. If the court deems you have an arguably valid change in circumstances, the case may then be allowed to move forward to a trial.

If school is the primary reason for relocation, it is unlikely you will prevail on this. As stated above, acceptable schooling options are surely available within the contiguous counties the child is currently restricted to. It is also unlikely a judge will allow a relocation based upon an argument none of the schools in the judge's district are good enough for your child.

 

[micmlr]

Unless you can get the father to voluntarily agree to relocation, you will need to file an original Suit for Modification along with evidence supporting the change in circumstances to justify this modification. If the court deems you have an arguably valid change in circumstances, the case may then be allowed to move forward to a trial.

If school is the primary reason for relocation, it is unlikely you will prevail on this. As stated above, acceptable schooling options are surely available within the contiguous counties the child is currently restricted to. It is also unlikely a judge will allow a relocation based upon an argument none of the schools in the judge's district are good enough for your child.

Thank you.
Okay, school is not the ONLY reason for the relocation.
But, now it feels like I am trapped in this city due to signing the original decree and having the county restriction. I guess I'll have to wait
Trial!? that sounds expensive.

 

[Proserpina]

Thank you.
Okay, school is not the ONLY reason for the relocation.
But, now it feels like I am trapped in this city due to signing the original decree and having the county restriction. I guess I'll have to wait
Trial!? that sounds expensive.

..what would be the other reasons?

It may make a difference...

 

[mistoffolees]

Thank you.
Okay, school is not the ONLY reason for the relocation.
But, now it feels like I am trapped in this city due to signing the original decree and having the county restriction. I guess I'll have to wait

That's what happens when you have a child and share responsibilities with the other parent.

Now, if you have a good reason, there are times when you can get permission for relocation, but you haven't given any.

Trial!? that sounds expensive.

Yes, it can be - especially if you don't have any real justification for change and Dad gets an order for you to pay his attorney's fees.

 

[Ohiogal]

..what would be the other reasons?

It may make a difference...

Shall we guess? i am going to say NEW BED BUDDY!