questons about picking up and dropping off...

[maandrade2008]

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

OK, I dont even know where to being with this. My ex husband is in the Army and currently has primary custody of our children. He has currently moved to Ky after being in Texas.

RETURN OF CHILD BY MELISSA A:
Melissa A is ORDERED to return the child to the residence of Stephan A. at the end of each period possession. However, it is ordered that, if Stephan A. and Melissa A live in the same county at the time of rendition of this order, Melissa A. county remains the same after rendition to this order and Stephan A's residence county of residence changes, efffective on the date fo the change of residence by Stephan, Melissa A shall surrender the child to Stephan at the residence of Melissa A's at the end of each period of possession.

The question I am having is that we never lived in the same county when the decree was filed. He has moved to Ky from Texas. So who is responsible for picking up and dropping off? That one section can be read in so many different ways. I have lived in my county for over 9 months, and he recently moved. I'm so confused about this. Also, my ex husband has told me that the last part if 'invalid" because of the fact we didnt live in the same county. How can something be proven "invalid" if not by the courts?

 

[LdiJ]

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

OK, I dont even know where to being with this. My ex husband is in the Army and currently has primary custody of our children. He has currently moved to Ky after being in Texas.

RETURN OF CHILD BY MELISSA A:
Melissa A is ORDERED to return the child to the residence of Stephan A. at the end of each period possession. However, it is ordered that, if Stephan A. and Melissa A live in the same county at the time of rendition of this order, Melissa A. county remains the same after rendition to this order and Stephan A's residence county of residence changes, efffective on the date fo the change of residence by Stephan, Melissa A shall surrender the child to Stephan at the residence of Melissa A's at the end of each period of possession.

The question I am having is that we never lived in the same county when the decree was filed. He has moved to Ky from Texas. So who is responsible for picking up and dropping off? That one section can be read in so many different ways. I have lived in my county for over 9 months, and he recently moved. I'm so confused about this. Also, my ex husband has told me that the last part if 'invalid" because of the fact we didnt live in the same county. How can something be proven "invalid" if not by the courts?

Dad has moved out of state. Generally when one parent moves out of state that parent is normally responsible for the transportation for visitation. There can be exceptions to that, but that is the norm.

Dad should be picking up the child at your home. However, you probably should take it back to court for modification, to get it spelled out clearly.

 

[Just Blue]

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

OK, I dont even know where to being with this. My ex husband is in the Army and currently has primary custody of our children. He has currently moved to Ky after being in Texas.

RETURN OF CHILD BY MELISSA A:
Melissa A is ORDERED to return the child to the residence of Stephan A. at the end of each period possession. However, it is ordered that, if Stephan A. and Melissa A live in the same county at the time of rendition of this order, Melissa A. county remains the same after rendition to this order and Stephan A's residence county of residence changes, efffective on the date fo the change of residence by Stephan, Melissa A shall surrender the child to Stephan at the residence of Melissa A's at the end of each period of possession.

The question I am having is that we never lived in the same county when the decree was filed. He has moved to Ky from Texas. So who is responsible for picking up and dropping off? That one section can be read in so many different ways. I have lived in my county for over 9 months, and he recently moved. I'm so confused about this. Also, my ex husband has told me that the last part if 'invalid" because of the fact we didnt live in the same county. How can something be proven "invalid" if not by the courts?

Did your ex have permission from you or the courts to move?

 

[penelope10]

Did your ex have permission from you or the courts to move?

No the last portion is not invalid even if the two of you did not live in the same county at the time of the divorce, he's blowing smoke---it was written that if he moved ( and out of state is a big move whether or not the two of you never lived in the same county at the rendition of the divorce) then he is to pick up the children from your home. That portion of the order was not written correctly in so far that you never lived in the same county, however, it does not take away from what the court intended to occur. That the parent creating the distance should have the burden of transportation in picking up after a period of visitation by the NCP.

I agree, did he notify you formally of the move to KY and also the court and the State Registry? Non notification is a big no-no in TX.

And formally is not a verbal notification.

 

[maandrade2008]

He send me a letter on May 30, 2009 and told he was leaving June 4, 2009. His exact words were "due to military orders starting June 4, 2009 visitations will be conducted at the Radcliff police Dept."

 

[maandrade2008]

I need to know what my next course of action is, he is fighting me on this and has said that if I do not return the children to Ky on July 27th, he will file a Child Custody Interference?

 

[Ohiogal]

I need to know what my next course of action is, he is fighting me on this and has said that if I do not return the children to Ky on July 27th, he will file a Child Custody Interference?

You do nothing but quote that and state he is to pick the children up at your place. If not then you answer his court hearing with the idea that HE can pick up the children at any point due to the court orders and cite the court order.

 

[penelope10]

He send me a letter on May 30, 2009 and told he was leaving June 4, 2009. His exact words were "due to military orders starting June 4, 2009 visitations will be conducted at the Radcliff police Dept."

Did he ever notify the court and the State Registry? As the CP he must do so. In fact all parties involved in custody of minor children must notify the court and State Registry of a move. And he must do so within so many days that he knew that he was going to move. And that includes notice to you. Sounds like he gave you less than a week's notice which is not kosher under the TX family code. He does not get to call all the shots as to where visitation is to take place and pick up and drop off without a formal order from the court. He has to give formal notice within so many days to you and the court and State Registry in case you object to the move. I can't remember the exact time frame, but it is around 30 to 60 days of when he had knowledge that he was going to move. And as the NCP you had the right to object to the move before it happened.

You have the right as the NCP to take him to court and object to the place of pick up and drop off of the children. I'd certainly be doing so as soon as possible to make your case stronger. If he failed to give formal notice to all the parties I have described then he is in contempt.

Wanted to add that there is language within your order that addresses this. It is standard within an order involving children and divorce. Get out your order....

 

[maandrade2008]

I thought I had the right to object the move, but he makes it seem that i have no rights to anything. We have the same exact except that the kids live with him. So on July 27th when I'm not in Ky to return the children, and he tries to file Child Custody Interference, so let him and go from there? I just want to make sure I'm understanding this all right.

 

[maandrade2008]

Also, is there a way I can file this on my own and not have to get a lawyer.. Financailly I can't afford too but I need too for my children. Any suggestions as to how I can do that?

 

[penelope10]

I thought I had the right to object the move, but he makes it seem that i have no rights to anything. We have the same exact except that the kids live with him. So on July 27th when I'm not in Ky to return the children, and he tries to file Child Custody Interference, so let him and go from there? I just want to make sure I'm understanding this all right.

What I am telling you is that from what you have described he has violated the order in TX. You need to file an objection to the move in the State of TX, or a modification of the order ASAP. Unless a court ordered where the pick up and drop off is to take place, he has no right to designate such a place. And you need to do so ASAP before status quo takes place.

Right now unless he has followed the order as to the move, (proper notification which includes giving you so many days notice) then he is in contempt of court. Which will strengthen your case. If you choose not to act, then it is implied that you agree with what he is doing.

 

[maandrade2008]

thank you so much.. I will do it Monday

 

[Ohiogal]

What Penelope said. Sorry. Missed that point first time through.

 

[maandrade2008]

I'm just wondering about the "invalid" thing that my ex husband said. How does someone determine if something is "invalid"? Does it have to go through the court for it be said to be "invalid"?

 

[LdiJ]

I'm just wondering about the "invalid" thing that my ex husband said. How does someone determine if something is "invalid"? Does it have to go through the court for it be said to be "invalid"?

Basically yes, its not your ex husband's call to determine whether or not a portion of your orders are "invalid".