Moving

[nbrown2007]

What is the name of your state? Texas

Okay. My husband has recently been offered a really good job in NY, but we live in Texas. This will very much better our family. He has custody of my step daughter and the mother gets her every other weekend plus 30 days in the summer. Up until recently when some of her visitation was taken away she did not do all of her visitation. Now that she only gets her 4-6 days through out the month she does do most visitation. We do have documentation of all visits. She is behind onall child support. Where the divorce took place was in Bexar county where both parties lived. Up until recently both parties still lived there, but the non custodial parent moved to a different county about 25 miles away. My husband still lives in the same county. We are trying to figure out if the cost of travel for the little girl will be 100% custodial parent, 100% no custodial, or 50/50. We would like to do it 50/50 and would drop all CS owed and she would not have to pay. The only the the divorce decree states is as follows:

A= non custodial
B= custodial

"Return child by "A" - "A" is ordered to return child to the residence of "B" at the end of each period of possession. However, it is ordered that if "B" and "A" live in the same county at the time of rendition of this order, "A's" county of residence remains that same after this order and "Bs" county of residence changes, effective on the date of change of residence by "B", "A" shall surrender the child to "B" at the residence of "A" at the end of each period of possession."

 

[CJane]

Texas has very clearly written standards of possession for parents who live w/in 100 miles of each other and parents who live more than 100 miles apart.

http://www.raggiolaw.com/stanposs.html

I don't believe TX cares how many miles apart once that 100 miles is achieved - whether it's 100 or 1000.

I'm fairly certain that TX requires that the NCP be given notice of the move and an opportunity to dispute the move but I can't find a statute to cite. Try google.

It is customary, though not always a given, that the parent who moves is the parent who pays. Make sure that the job Dad wants pays well enough to account for the difference in the cost of living, plus the expense of transportation for the child to visit Mom (via airline) 1X/month, most long breaks from school, alternating holidays and all summer.

 

[Ronin]

You are incorrectly presuming CP will be allowed to relocate the child to NY, but it will likely be up to the Bexar county court to make that determination. Review the decree for any indication of a clause on geographic restriction. Texas decrees may indicate primary county including contiguous counties as the limit on relocation not constituting a significant change in circumstance.

CP will most likely have to have to go back to court and file for modification based upon his proposed change in circumstances. Being behind on child support is not an allowable factor in determining custody and visitation rights in Texas. NCP relocating 25 miles away is not that big a deal. How she uses her visitation may be.

Relocation disputes in Texas can go either way, but the courts are inclined to keep the children in Texas. Thank the lord you are not in family court in neighboring Guadalupe County. For a better understanding of Texas case law on successful relocation bids and what imperatives you will need, review Lenz v. Lenz, Echols v. Olivares, and Cisneros v Dingbaum for starters. Bexar county courts know the Lenz case well, since it is homegrown, so that should be your main focus. Just don't simply assume CP will be allowed to relocate the child.

 

[nbrown2007]

reply to moving

Well it states that if they live over 100 miles apart the the custodial parent can choose 1,3,5 weekend or any one weekend of the month.

But acording to the folowing paragraph:
"Return child by "A" - "A" is ordered to return child to the residence of "B" at the end of each period of possession. However, it is ordered that if "B" and "A" live in the same county at the time of rendition of this order, "A's" county of residence remains that same after this order and "Bs" county of residence changes, effective on the date of change of residence by "B", "A" shall surrender the child to "B" at the residence of "A" at the end of each period of possession."
If my husband moved out of the o****y and the mother still resided in the county then he would be responsible. But she just moved counties and he is still in the same one. We will offer 50/50 but since she does not exercise all her visits and has gone 2 1/2 months with no contact, we do not feel we should have to give up a oppertunity that will benifit if she is nothing taking all she gets now?

 

[CJane]

Well it states that if they live over 100 miles apart the the custodial parent can choose 1,3,5 weekend or any one weekend of the month.

But acording to the folowing paragraph:
"Return child by "A" - "A" is ordered to return child to the residence of "B" at the end of each period of possession. However, it is ordered that if "B" and "A" live in the same county at the time of rendition of this order, "A's" county of residence remains that same after this order and "Bs" county of residence changes, effective on the date of change of residence by "B", "A" shall surrender the child to "B" at the residence of "A" at the end of each period of possession."
If my husband moved out of the o****y and the mother still resided in the county then he would be responsible.

Firstly... the statutes/standards of the state will supersede any clause in the parenting plan. So what the PLAN says vs what TEXAS says will rule.

Also, a modification will be required in order to relocate in 99.99999% of cases. During this modification, the method and expense of visitation should be addressed. While the courts may agree that Mom will pay for transportation, Dad should NOT count on that happening... regardless of the status of child support.

But she just moved counties and he is still in the same one. We will offer 50/50 but since she does not exercise all her visits and has gone 2 1/2 months with no contact, we do not feel we should have to give up a oppertunity that will benifit if she is nothing taking all she gets now?

And... while what you FEEL is nice, it is irrelevant in that she WILL be given visitation not less than the standard - and any effort to fight that could result in the child staying in TX with Mom while Dad moves to NY for this 'opportunity' that appears to be more important to Dad than Mom's relationship with the child.

And yes, THAT is how the courts will see it.

In order to do a 'fairness check'... see how Dad would feel if the situations were reversed.

 

[Rachel T]

My divorce was done in TX and pretty much everything was written to standard. Though the CP has exclusive right to determine the child's residence, you do have to stay within the contingent counties unless you go to court to modify. Then it has to be proven that it is in the child's best interest.

Just my understanding of how it was explained to me....

 

[majomom1]

Originally Posted by nbrown2007
If my husband moved out of the o****y and the mother still resided in the county then he would be responsible. But she just moved counties and he is still in the same one. We will offer 50/50 but since she does not exercise all her visits and has gone 2 1/2 months with no contact, we do not feel we should have to give up a oppertunity that will benifit if she is nothing taking all she gets now?

You only stated that dad had custody... is this joint custody? How exactly does the court order read? Mom only moved 25 miles... you might be surprised how quickly she does step up and demand her visitation if you try to move the child across the country. Where is the rest of the child's family? Grandparents for both sides etc...?

 

[nbrown2007]

You only stated that dad had custody... is this joint custody? How exactly does the court order read? Mom only moved 25 miles... you might be surprised how quickly she does step up and demand her visitation if you try to move the child across the country. Where is the rest of the child's family? Grandparents for both sides etc...?

Mom gets child 1,3,5 weekend of every month. Every Wednesday, alternating holiday, and 30 days in summer. She never picks her up on wednesday even when she lived 5 min away, she uses her visitation now 3/4 of the time. From 2001-2006 she got her 1,3,5 wednesday through sunday and everything else was the same. She would never pick her up until friday or sat, half the time would not call to let us know, NEVER EVER called. She just started calling once a week about a month ago when we have told her she can call every day. I do have all this docuented. We offer her extra time but she will not take it. When she has planned on taking it she backs out last min EVERY TIME. Last year she missed 44 days of visitation.

If I am saying this correctly they have joint legal and the custodial has physical with her having visitation.

 

[CJane]

I'm going to say this in a considerably nicer way than others here might.

You need to edit the 'we' out of your vocabulary. "WE" do not allow mom to call. The State of Texas allows Mom to call.

"WE" have nothing to do with anything.

This is between Mom and Dad ONLY and will be until one or the other of them dies or the child reaches the age of majority.

 

[Rachel T]

In Texas, it is generally a "joint managing conservatorship" with one parent given exclusive right to residence.

 

[nbrown2007]

I am sorry for using the term "WE". But both mom and dad have asked me to be the one to handle everything. Mom will not speak to dad but we are friends. I speak to her more than she speaks to her daughter. When she calls about questions, not coming, ect...she asked to speak to me. Mom has never been a big part of her daughters life, but that has always been her choice. She has another family and very controlling husband who will only allow her to do so much. Her parent testified that she needed absolutly no custody of the child. This was when the child was 1. She is the onoe who walks out on her daughters life and has every oppertunity to be a VERY involved mother but chooses to not be.

 

[Ronin]

In Texas, it is generally a "joint managing conservatorship" with one parent given exclusive right to residence.

In Texas this does not include the right to relocate an extended distance without prior court approval.

 

[jslopez711]

In Texas, it is generally a "joint managing conservatorship" with one parent given exclusive right to residence.

In Texas, it is generally a "joint managing conservatorship" with one parent given exclusive right to residence.

This statement is correct. I used to have Standard Order of Possesion. SOP states that mom was given the exclusive right to establish residence. She threatened to move out of the 100 mile radious so we had to mod. This is how it works out.

Mom is going to be able to/has to move for a modification to restrict the child to the county. She can do this and in TX they want to keep family as together as they can.

But no, the residency restriction is not the the SOP verbage unless, a person has to MOD for that.

 

[Rachel T]

My divorce was done in TX and pretty much everything was written to standard. Though the CP has exclusive right to determine the child's residence, you do have to stay within the contingent counties unless you go to court to modify. Then it has to be proven that it is in the child's best interest.

Yup!

 

[nbrown2007]

My husband decree states as follows:
"Custodial parent has the exclusive right to designate the primary residence of the child without regard to geogrphic location"

I spoke with a lawyer and she stated that since it does say this and the non custodial parent did move out of the county that the custodial parent can move where ever he wants and does not have to worry about counties since it does not say he has to stay in or around the current county. Also she stated that since the non custodial parent moved out side the county first that she would be responsible for pick up and drop off. We of corse would offer 50/5o. Is this true?