Moving

[nbrown2007]

What is the name of your state? TX

I am writing this for my husband as he has no access during the day. I am the SM of the child I speak of. The decree states as follows:

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

Facts: NCP and CP lived in the same county until a year ago. NCP moved to a different county and CP has remained in the same county. There is a chance that CP could get laid off from his job with in the year. If so he would have to move to a different city which will make him in a different county. Reason being the county CP lives in now would not have a job for him. Since NCP already moved out of the county who would pick up and drop off?

 

[Just Blue]

What is the name of your state? TX

I am writing this for my husband as he has no access during the day. I am the SM of the child I speak of. The decree states as follows:

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

Facts: NCP and CP lived in the same county until a year ago. NCP moved to a different county and CP has remained in the same county. There is a chance that CP could get laid off from his job with in the year. If so he would have to move to a different city which will make him in a different county. Reason being the county CP lives in now would not have a job for him. Since NCP already moved out of the county who would pick up and drop off?

The CP would meet the NCP at a place that is equitable to previous pick up/drop off. NCP should not incur further traveling due to the CP moving.

 

[nbrown2007]

Thanks so much for the advice. If/when this happens my DH was going to draft up a letter to insure the parenting time would not be hurt

 

[texastepmom]

Most texas orders also state that the CP can't move more than one county adjacent to the county the divorce was in, keep that in mind. it might be easiest to suggest that the recieving parent does the pick-ups rather than meeting somewhere... ie the NCP picks up the child at CP's house at the beginning of visitation, and the CP picks up at the end... it's the same amount of driving, but less coordination...

 

[nbrown2007]

this decree was done back in 2001. It does say any thing about CP cant move. All it says is CP can choose the residence of child with out geographic regard

 

[Silverplum]

this decree was done back in 2001. It does say any thing about CP cant move. All it says is CP can choose the residence of child with out geographic regard

THAT would have been a PERTINENT FACT to include at the beginning.

 

[nbrown2007]

sorry. I did not know it meant any thing to do with pick up and drop offs

 

[jslopez711]

Facts: NCP and CP lived in the same county until a year ago. NCP moved to a different county and CP has remained in the same county. There is a chance that CP could get laid off from his job with in the year. If so he would have to move to a different city which will make him in a different county. Reason being the county CP lives in now would not have a job for him. Since NCP already moved out of the county who would pick up and drop off?

The standard boiler-plate domicile restriction in the state of Texas will null the CP requirement of staying in the same county if NCP has already moved out. CP will not necessarily suffice to carry this burden of restriction if both parties are not in accord. This type of stuff ends up coming up in the "quaility of life" for the child.

As far as who drives, if the NCP is ordered, then that is who drives since the kid has been absolved to living in the same county thanks to NCP moving out.

 

[nbrown2007]

The standard boiler-plate domicile restriction in the state of Texas will null the CP requirement of staying in the same county if NCP has already moved out. CP will not necessarily suffice to carry this burden of restriction if both parties are not in accord. This type of stuff ends up coming up in the "quaility of life" for the child.

As far as who drives, if the NCP is ordered, then that is who drives since the kid has been absolved to living in the same county thanks to NCP moving out.

Heres a scenario from what I understand. Correct me if I am wrong.

CP lives in San Antonio in Beaxr County
NCP unsed to live in the same but moved 25 miles to Pipe Creek witch is Bandera County

IF CP looses his Job and has to Move to Dallas (not sure the county) or Houston since NCP already moved out of county NCP will still be responsible for pick up and drop offs?

CP could be nice and formate a letter to get notarized to meet half way though?

 

[jslopez711]

Heres a scenario from what I understand. Correct me if I am wrong.

CP lives in San Antonio in Beaxr County
NCP unsed to live in the same but moved 25 miles to Pipe Creek witch is Bandera County

IF CP looses his Job and has to Move to Dallas (not sure the county) or Houston since NCP already moved out of county NCP will still be responsible for pick up and drop offs?

CP could be nice and formate a letter to get notarized to meet half way though?

in the standard paragraphs written for Domicile Restriction, NCP gives up the right to hold the child restricted to a county if NCP moves out of that county. I don't have the code right now but I can respond later when I'm at home. It's something we went in a lot of circles with our restriction of domicile. I'm the NCP, and my child is restricted to this county, if I move out, that lifts the restriction on my kid and CP once again reserves the right to domicile of my son. It's standard because I was going to take a job in Georgia and she wanted to move to God-knows-where.

 

[nbrown2007]

Thanks this helps alot. Of corse if the move did happen we would offer to meet half way

 

[texastepmom]

If you move more than 100 miles from mom, the whole visitation plan probably needs to be worked out again... google texas standard visitation and they have the standards for parents more than 100 miles apart.

 

[jslopez711]

If you move more than 100 miles from mom, the whole visitation plan probably needs to be worked out again... google texas standard visitation and they have the standards for parents more than 100 miles apart.

The question was about domicile restirctions, in which case, the answer is clear. What you mention here is about possesion.

 

[nbrown2007]

Thanks. In the decree it does state both for parents who reside less than 100 miles apart and parents who reside more than 100 miles apart. The visitation schedule changes a little. Basically mother will chose to have 1,3,5 weekend or choose any weekend of every month, alternating holidays, and 45 days in summer

 

[texastepmom]

The question was about domicile restirctions, in which case, the answer is clear. What you mention here is about possesion.

well, the initial question was just about driving if the cp moved out of the original county, not restrictions on moving. however, she also said they were going to have to change visitation if they move, so i wanted to point out that there is a separate standard for when the parents are more 100 miles away.

op- good luck, but i hope your dh can find a job close to home.