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  1. #1
    txdadof2 is offline Member
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    Unstable environment enough to change physical custody to other parent?

    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.
  2. #2
    Zigner is offline Senior Member
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    Moving, within the school district, is not necessarily an "unstable" environment.
  3. #3
    Antigone* is offline Senior Member
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    Quote Originally Posted by txdadof2 View Post
    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.
  4. #4
    txdadof2 is offline Member
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    Quote Originally Posted by Antigone*of*Greece View Post
    Dude, you are on a fishing expedition.
    Do you not agree that it shows instability?
  5. #5
    Proserpina is offline Senior Member
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    Quote Originally Posted by txdadof2 View Post
    Do you not agree that it shows instability?

    3 times in 2 years?

    No.

    (In the eyes of the court, at least).
  6. #6
    txdadof2 is offline Member
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    Quote Originally Posted by Proserpina View Post
    3 times in 2 years?

    No.

    (In the eyes of the court, at least).
    How? That is a new bedroom, new surroundings on average every 8 months?!
  7. #7
    Zigner is offline Senior Member
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    When I was younger, I moved 3 times in two years. Each time was an upgrade
  8. #8
    CSO286 is offline Senior Member
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    Quote Originally Posted by txdadof2 View Post
    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.
  9. #9
    LdiJ is online now Senior Member
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    Quote Originally Posted by txdadof2 View Post
    How? That is a new bedroom, new surroundings on average every 8 months?!
    Seriously dad, you are going to get no where with that one.
  10. #10
    Shears is offline Member
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    Quote Originally Posted by txdadof2 View Post
    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.
  11. #11
    Zigner is offline Senior Member
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    Quote Originally Posted by Shears View Post
    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.
  12. #12
    CSO286 is offline Senior Member
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    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.
  13. #13
    txdadof2 is offline Member
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    So what can I possibly do to get physical? How can I present my case?
  14. #14
    Proserpina is offline Senior Member
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    Quote Originally Posted by CSO286 View Post
    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?

  15. #15
    Proserpina is offline Senior Member
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    Quote Originally Posted by txdadof2 View Post
    So what can I possibly do to get physical? How can I present my case?


    You don't have a case to present.

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