• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

short notice job relocation more than 100 miles away-summer visitation impact?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

familyofmany

Junior Member
What is the name of your state (only U.S. law)? texas

Hello. I am the non-custodial parent of my son. The judge signed the final visitation order Friday morning. Everything in the order is standard language. That afternoon, my spouse's job informed us we were required to transfer to another branch that is more than 100 miles away.

How should summer visitation be addressed now?

We are leaving texas june 28th.

My son was supposed to visit jul 1 -jul 31.

Do I have the right to switch the visitation to either the standard 100 mile away visitation which is a longer time (42 days), OR ask for the month of June instead?

What would be the process for doing this? Certified mail to the custodial parent? Is it something a judge would have to agree to?

Thank you.
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? texas

Hello. I am the non-custodial parent of my son. The judge signed the final visitation order Friday morning. Everything in the order is standard language. That afternoon, my spouse's job informed us we were required to transfer to another branch that is more than 100 miles away.

How should summer visitation be addressed now?

We are leaving texas june 28th.

My son was supposed to visit jul 1 -jul 31.

Do I have the right to switch the visitation to either the standard 100 mile away visitation which is a longer time (42 days), OR ask for the month of June instead?

What would be the process for doing this? Certified mail to the custodial parent? Is it something a judge would have to agree to?

Thank you.


No, you don't have the right to change the terms of the court order yourself.

And honestly? It's not going to be changed via court in time for this summer.

You could always ask the CP though!
 

stealth2

Under the Radar Member
Or, you could remain in TX for the month of June, and follow your spouse when your son returns to his other parent.
 

familyofmany

Junior Member
remaining in texas in june and july

we are staying in Texas for the month of June. I would like to have him visit during that month.

we absolutely must leave by the 1st of July. we have other children and we are moving the entire household to hawaii.

i am going to ask the CP if my son can visit in june instead. if the answer is no, what summer schedule would we follow?
 
Last edited:
we are staying in Texas for the month of June. I would like to have him visit during that month.

we absolutely must leave by the 1st of July. we have other children and we are moving the entire household to hawaii.

i am going to ask the CP if my son can visit in june instead. if the answer is no, what summer schedule would we follow?
Does the order specify WHERE your son is to visit? Given that you will have him for a month, if Mom would agree or if it is not specified that he has to be in TX, why can't he visit in Hawaii?

You would still need to follow the schedule in the custody order. You can't change it without Mom's agreement or the courts order. How old is your son?
 

Isis1

Senior Member
Does the order specify WHERE your son is to visit? Given that you will have him for a month, if Mom would agree or if it is not specified that he has to be in TX, why can't he visit in Hawaii?

You would still need to follow the schedule in the custody order. You can't change it without Mom's agreement or the courts order. How old is your son?
To be fair, the OP might be mom. But your answer stands regardless.
 

CJane

Senior Member
And you knew NOTHING about this relocation before court? Not even a hint that it MIGHT happen so that it could be addressed in court as a contingency?
 

Ohiogal

Queen Bee
Truthfully you should get the month of July for this year if the other parent will not agree. How did you not have an inkling of a move to HAWAII before the court made its order?
 

familyofmany

Junior Member
If i had known abt the move, what would the court have ordered?

I am not understanding. If I would have known about the move what would that have changed about the visitation order? Not the actual schedule, right?

My concern is the short notice of the move and the short notice notification to the CP. Is there a rule/law/requirement that applies in a short notice situation such as this? Does the 100 mile or more visitation schedule apply to this summer, given the short notice?

We did have hints of a move but had no idea when or if it would happen. Our attorney at the time advised us to keep the possibility of move to ourselves. He said it would only prolong and confuse the situation. I should also tell you that the CP's employer has also mentioned a relocation is likely. So both parties were aware that moves could eventually occur.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top