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Texas Custody

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donna78201

Junior Member
What is the name of your state? Texas

I was wondering if,in Texas,it is standard to put geograhical restrictions in the custody order? For instance, the child can only reside in the county the papers were filed in and the 3 surrounding counties. If it is standard, are there any exceptions? What would be acceptable reasons that I could move outside of the area? Any help would be greatly appreiciated!
 


casa

Senior Member
What is the name of your state? Texas

I was wondering if,in Texas,it is standard to put geograhical restrictions in the custody order? For instance, the child can only reside in the county the papers were filed in and the 3 surrounding counties. If it is standard, are there any exceptions? What would be acceptable reasons that I could move outside of the area? Any help would be greatly appreiciated!
There have been Standard Texas Parenting Plans posted on this site...and you can also Google to find one, so you can see what they typically entail.

The issue you are addressing, however, is what's called a "move-away". The reason the Custodial Parent (or Sole Managing/Joint Managing Conservator in TX) cannot move further than 3 counties - or 100 miles - is because that remove the child from the Jurisdiction without the court's permission. Once there is a Custody Order, the moving parent must give legal notice to the other parent. The other parent then has the Right to petition to block/stop the move-away, specifically if it changes the amount of time they will be able to spend with their child. Another issue is increasing transportation costs, etc.
 

workinmom

Junior Member
I'm a CP in Texas and I asked my lawyer to use the standard custody agreement... it states that I can move anywhere within my county or any neighboring county, not over 100 miles from my address at the time of divorce, unless ex had already moved out of said county/neighboring counties area and then I am free to move outside that area as long as I notify the court and the ex ......

Of course, you can change it to whatever you want and see if it will fly with the soon to be ex and/or the judge. (ask for the moon, the worse that can happen--they say no)

There are very few acceptable reasons to move (in my opinion), as much as I despise my ex and think he's a lousy father I won't move until my kiddos hit that golden age of 18 and are old enough to define their relationship with him, he's not much of one, but he is their father and it is not my place to stand in the way of that relationship, barring extenuating circumstances (abuse or the like).

Workin Mom
 

donna78201

Junior Member
Most specifically..

No papers have been filed yet, in fact they haven't even been drawn up.(We were never married) I guess what I'm asking is, If I were to move away, to another state, with the agreement that as long as the kids were not in school(they are just 2) he could have them for 1 month at a time and I would pay half of the cost of getting them to him, could it be done? I'm just wondering how stringent Texas is on these issues. The short of it is, he cheated, more than once, the first 1.5 years he had very little to do with the kids, instead choosing to spend his time and our money on his girlfriend. He does see them kids on a regular basis now but he was a total control freak then and I had to go. I have since met a wonderful man but he is the the Army, soon to stationed in Kentucky. If we are to build a life together, obviously I would have to move there. While I am not and would never keep my kids from their dad, I have to do what I think is right and that would be give them a GOOD example of what to expect when they grow up. Am I crazy for this?
 

casa

Senior Member
No papers have been filed yet, in fact they haven't even been drawn up.(We were never married) I guess what I'm asking is, If I were to move away, to another state, with the agreement that as long as the kids were not in school(they are just 2) he could have them for 1 month at a time and I would pay half of the cost of getting them to him, could it be done? I'm just wondering how stringent Texas is on these issues. The short of it is, he cheated, more than once, the first 1.5 years he had very little to do with the kids, instead choosing to spend his time and our money on his girlfriend. He does see them kids on a regular basis now but he was a total control freak then and I had to go. I have since met a wonderful man but he is the the Army, soon to stationed in Kentucky. If we are to build a life together, obviously I would have to move there. While I am not and would never keep my kids from their dad, I have to do what I think is right and that would be give them a GOOD example of what to expect when they grow up. Am I crazy for this?
That doesn't mean he's not legally established as their father. Did he sign the AOP? Is there a Child Support order? If you moved without telling him, he could file in court & you'd have to return with the children for any court hearings. I believe TX state guideline is 30 days written notice, but make sure you double check.
 

donna78201

Junior Member
Moving

As far as I can remember, I think he signed something in the hosptial and he is on the birth certificate. As far as child support orders, there are no legal papers of any kind. We just have a verbal agreement but it is getting to the point where I think we need to file to protect both parties.I just really don't want to have to give up trying to be happy and make a good life for my kids because he wants to be a butt and try to make up for the time he ignored the kids!
 
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Silverplum

Senior Member
As far as I can remember, I think he signed something in the hosptial and he is on the birth certificate. As far as child support orders, there are no legal papers of any kind. We just have a verbal agreement but it is getting to the point where I think we need to file to protect both parties.I just really don't want to have to give up trying to be happy and make a good life for my kids because he wants to be a butt and try to make up for the time he ignored the kids!
sigh**************....
 

Ohiogal

Queen Bee
As far as I can remember, I think he signed something in the hosptial and he is on the birth certificate. As far as child support orders, there are no legal papers of any kind. We just have a verbal agreement but it is getting to the point where I think we need to file to protect both parties.I just really don't want to have to give up trying to be happy and make a good life for my kids because he wants to be a butt and try to make up for the time he ignored the kids!
YOUR kids? Umm, his kids as well. You chose him. You're stuck with him. He has a right to be a father regardless of who you are sleeping and who he is sleeping with.
 

donna78201

Junior Member
Moving..

Yes Ohio gal, you are correct. He does indeed have the right to be a father. The question is can I move out of state and still involve him in the life of OUR kids:). Will Texas courts allow it or am I destined to live here because I made the BAD decision to stay with him?:rolleyes:
 

Silverplum

Senior Member
Yes Ohio gal, you are correct. He does indeed have the right to be a father. The question is can I move out of state and still involve him in the life of OUR kids:). Will Texas courts allow it or am I destined to live here because I made the BAD decision to stay with him?:rolleyes:
No more help for you.

Here's one for you to grow on: :rolleyes:
 

casa

Senior Member
As far as I can remember, I think he signed something in the hosptial and he is on the birth certificate. As far as child support orders, there are no legal papers of any kind. We just have a verbal agreement but it is getting to the point where I think we need to file to protect both parties.I just really don't want to have to give up trying to be happy and make a good life for my kids because he wants to be a butt and try to make up for the time he ignored the kids!
That was the AOP, and why's he's on the BC. Then he's their legal father...and you are required to follow state guidelines re; notification of move-away, regardless of whether you have a current Court Order.
 

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