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Domicile...Tx

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C

camelah

Guest
What is the name of your state? Tx

If you are named the Sole Managing Conservator does this mean you may move where you need/wish without having to go back to court for permission from the spouse or judge?

My stbx has stated he will give "full custody" in exchange for property, and cars. Will I still need a domicile agreement in case I need to move with work or to be closer to family?
 


ktarra617

Member
Yes in general sole managing conservator does mean you have the right to establish the child's residence, however, that does not negates the NCP's right to know where his child lives and it does not negate your responsibility to inform him of any proposed move.

You would have to notify him within 30-60 days prior during which time he can choose to either contest the move or do nothing about it....Texas does not have the rule that the CP must petition the court for permission to move but the NCP can file to stop any move that would interfere with visitation..

And the domicile restrictions are becoming popular with the courts in Texas. Atleast they are in my county. One judge we know 95% of the time will side with the NCP in stopping a move. He's not so great on removing custody from a mom but he will stop a mom from the moving the children far away from dad...

The other judge has in the last year started ruling in favor of residency restrictions, this is according to my lawyer and other people that have gotten divorced in the last year...

so yes while on paper you can move anywhere you want, keep in mind that the NCP has the right to file with the court to stop the move or rather atleast stop you from moving the child. You can move where ever you want but the court has jurisdiction over the children and therefore can rule where the children are to reside....
 
C

camelah

Guest
The father only sees the children once a month. (I encourage more but he says he can't see them due to his job requiring travel) He stated he has no problem with our moving as long as he gets liberal visitation. I also want to set up a few weeks during school breaks to take the kids to see his parents because I know he will not take the time to do this. He said I can be the sole conservator. I would never keep the children from their grandparents or father. I need to know, if this goes through, will I still need a domicile agreement signed by him to allow us to leave as a type of insurance for him to not go back to court and cry foul? Does anyone recommend I still get a domicile agreement?
 

ktarra617

Member
all you need is something from the court signed by a judge showing that you are sole managing conservator and that he agrees to the move. Once you have that in writing signed by a judge you are good.

I don't know what you are talking about with a domicile agreement. With sole managing conservator, who ever is the conservator is who the child resides with that is specifically spelled out in the rights and duties of the sole managing conservator...

Your best bet is to consult with an attorney. If you two are in agreement then you should be able to get the papers drawn up and before a judge for a less cost than if you all were fighting about it...

Good luck...
 

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