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Unstable environment enough to change physical custody to other parent?

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txdadof2

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

Ex wife and I have 50/50 joint legal/ she has physical. She has moved 3 times in the past two years, from apartment to apartment. Given she has not relocated outside of the same school zone, it is an awful lot of moving in my opinion. I have been in same home for 5 years, and a house, not apartment. Is this a good reason to reopen our custody case and give me physical custody? I want to be primary parent to designate the child's permanent address. I feel I can offer more stability, given how much she has moved.
 


Zigner

Senior Member, Non-Attorney
Moving, within the school district, is not necessarily an "unstable" environment.
 

Antigone*

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

Ex wife and I have 50/50 joint legal/ she has physical. She has moved 3 times in the past two years, from apartment to apartment. Given she has not relocated outside of the same school zone, it is an awful lot of moving in my opinion. I have been in same home for 5 years, and a house, not apartment. Is this a good reason to reopen our custody case and give me physical custody? I want to be primary parent to designate the child's permanent address. I feel I can offer more stability, given how much she has moved.
Dude, you are on a fishing expedition.
 

Zigner

Senior Member, Non-Attorney
When I was younger, I moved 3 times in two years. Each time was an upgrade ;)
 

CSO286

Senior Member
Do you not agree that it shows instability?
When i moved to this area for the job I was offered, I left a home that I have lived in for two years.
I ended up in this ridiculously tiny apt (on a month-to month), since it was the only place available quickly. Four months later, I moved to a better apt (still MTM), and then two months later, I found a house.

Was our life crazy? Yes. Chaotic?

Unstable? Not really. Small knew what was going on, knew everything was temporary, knew that at the end of the day, we'd still be home together (somewhere!!). And ultimately, that is what matters to a child.
 

Shears

Member
Do you not agree that it shows instability?

The moving around in the same school district doesn't in and of itself seem to show instability *to the court*. If you have a few minutes, take a look at my thread history. My ex moves every 9 months. I'm still paying for her and my attorney fees from 3 years ago - where this issue plus others weren't enough to change a thing custody-wise.

Do *I* agree it shows instability? In my opinion, yes. But this is a legal forum, and what I think you really want to know is: "Does the *court* not agree that it shows instability?" Try to remember that as you read through posts on this forum, and as you ask questions and respond.

Best of luck.
 

Zigner

Senior Member, Non-Attorney
Do *I* agree it shows instability? In my opinion, yes.
Really?

So, let's say that apartment 1 was condemned so she had to move. Then, apartment two had a fire, so she had to move. Now she's at apartment 3. How does that show an unstable environment on the part of mom?

While I understand it's merely your opinion...I really don't understand how you can form such an opinion with such scant information.
 

CSO286

Senior Member
Think about military families who can get reassigned very often--sometimes only 6-9 months after their last reassignment....

It isn't just how many times a person has moved that would create instability, OP. In the eyes of the court, there would need to be be much more going on. Three moves in two years is not a significant change in circumstances.
 

Proserpina

Senior Member
Think about military families who can get reassigned very often--sometimes only 6-9 months after their last reassignment....

It isn't just how many times a person has moved that would create instability, OP. In the eyes of the court, there would need to be be much more going on. Three moves in two years is not a significant change in circumstances.


That's precisely the situation I was thinking about, too :)

Heck, if Dad is citing "new bedroom, new surroundings", what would happen if the house was being renovated over a period of 2 years?! Would THAT be considered unstable, too?

:confused:
 

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