moving kids away n 1 week

[atxdad]

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

Just a quick question. My ex wife's husband called me today and informed me he's taking a new job 6 hours away and they are moving in a week! My ex and I both grew up here and have lived here all of our lives. Is this allowed and if I take her to court will the judge be more likely to frown upon taking the kids out of our county? She does have the choice of moving "without regard to geographical location". Any advice on what I can do to prevent this from happening and what the outcome usually is? I dont even think my car could make it that far every weekend. What's the best route I should take and what rights do I have?

 

[Isis1]

YOU need to file to prevent the move away. you will need to argue why it is in the best interest of the children why they should stay in this jurisdication.

if, for whatever reason mom gets granted to move, you need to ask mom provide all the transportation as she is the one that caused the distance. since you don't mention why you have a restraining order on you for mom, and you didn't mention having supervised visitation with the children, these may play a factor on whether or not a move away woul dbe granted.

what is your visitation schedule as is now?

 

[atxdad]

The R.O was due to a argument 4 years ago that didn't involve any physical contact. It was very much a " get back" thing stemming from the reason I wanted the divorce. The visitation schedule was modified by the DRO to 1st 3rd and 5th during school and every thursday during school yr. Then every other holiday. She just finished completing her make up days she owed from last year when she denied visits for 8 months. She's done this denial thing for a total of 2 years. There seems to be always something. so basically I need to hire another lawyer or just go the DRO? Not seeing my daughters again sounds devastating to me. I do not see how this would be allowed, and then make me have to find a new job that would allow me to be off Friday in time to make this monster trip to pick them up.

 

[atxdad]

I should I mention I have them 30 days in the summertime.

 

[fairisfair]

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

Just a quick question. My ex wife's husband called me today and informed me he's taking a new job 6 hours away and they are moving in a week! My ex and I both grew up here and have lived here all of our lives. Is this allowed and if I take her to court will the judge be more likely to frown upon taking the kids out of our county? She does have the choice of moving "without regard to geographical location". Any advice on what I can do to prevent this from happening and what the outcome usually is? I dont even think my car could make it that far every weekend. What's the best route I should take and what rights do I have?

What do you mean she has the choice of moving without regard to geographical location????

Is that a part of your court order???

If so, then you are going to be hard pressed to prevent this. and she may very well NOT be required to notify the court or have their permission. State statute only takes precedence when an issue is NOT directly addressed in the order.

 

[LdiJ]

What do you mean she has the choice of moving without regard to geographical location????

Is that a part of your court order???

If so, then you are going to be hard pressed to prevent this. and she may very well NOT be required to notify the court or have their permission. State statute only takes precedence when an issue is NOT directly addressed in the order.

I agree, that's problematic.

However, I do think that he needs to try to get emergency orders to at least temporarily prevent her from moving the children.

 

[OhReally?]

She does have the choice of moving "without regard to geographical location".

Is this EXACT LANGUAGE in the court order???? I have to stress what others have as well on this issue as it is VERY VERY VERY VERY important as to whether or not this is exactly what your order says.

 

[proud_parent]

What do you mean she has the choice of moving without regard to geographical location????

Is that a part of your court order???

If so, then you are going to be hard pressed to prevent this. and she may very well NOT be required to notify the court or have their permission. State statute only takes precedence when an issue is NOT directly addressed in the order.

As OP is in Texas, it is indeed possible that he is quoting directly from an order for joint managing conservatorship:

Texas Family Code - Section 153.134. Court-Ordered Joint Conservatorship
(b) In rendering an order appointing joint managing conservators, the court shall:
(1) designate the conservator who has the exclusive
right to determine the primary residence of the child and:
(A) establish, until modified by further order, a
geographic area within which the conservator shall maintain the
child's primary residence; or
(B) specify that the conservator may determine
the child's primary residence without regard to geographic
location;

It is also true that if his order is silent on the subject of notice, Texas does not by statute require notice to relocate or prescribe a time frame to object if such notice is given.

Even so, Texas courts have in some cases held that relocation to a distant county was a material and substantial change of circumstance. See Lenz v. Lenz, 79 S.W. 3d 10 (Tex. 2002) and Bates v. Tesar, 81 S.W. 3d 411 (Tex. App.-El Paso 2002, no pet.).

 

[fairisfair]

As OP is in Texas, it is indeed possible that he is quoting directly from an order for joint managing conservatorship:



It is also true that if his order is silent on the subject of notice, Texas does not by statute require notice to relocate or prescribe a time frame to object if such notice is given.

Even so, Texas courts have in some cases held that relocation to a distant county was a material and substantial change of circumstance. See Lenz v. Lenz, 79 S.W. 3d 10 (Tex. 2002) and Bates v. Tesar, 81 S.W. 3d 411 (Tex. App.-El Paso 2002, no pet.).

good info PP