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atxdad

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

Here's this situation hopefully someone can help me it. My exwife is saying she's moving 4 hours awayand will not be able to make 1st 3rd and 5th weekend visitation and wants to take the second option (in our divorce decree) and let me see them 1 weekend a month. I told her that I can't do that. I need to see my kids more than that. So she told me that if I did not take the deal she would call my P.O. and say we saw each other, basically something that's not supposed to happen. I would go to jail if this REALLY happened and she knows that. This would put me out of the picture of fighting for visitation. Any suggestions?
 


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Humusluvr

Senior Member
atxdad said:
What is the name of your state (only U.S. law)? Texas

Here's this situation hopefully someone can help me it. My exwife is saying she's moving 4 hours awayand will not be able to make 1st 3rd and 5th weekend visitation and wants to take the second option (in our divorce decree) and let me see them 1 weekend a month. I told her that I can't do that. I need to see my kids more than that. So she told me that if I did not take the deal she would call my P.O. and say we saw each other, basically something that's not supposed to happen. I would go to jail if this REALLY happened and she knows that. This would put me out of the picture of fighting for visitation. Any suggestions?
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Why don't you call your PO FIRST, and explain the situation to him, then go to court and do the modification? Follow the legal route.
 
CJane

CJane

Senior Member
If you have the standard TX order, then Mom is well-within her rights to move w/out your permission, without much notice at all, and if she's moving more than 100 miles away, the 'long distance' order would automatically kick in.

So I guess the question is... do you have the STANDARD TX Order?

What are the circumstances of your parole? And DID you violate? You said she'd tell your PO that you've been in contact - but not that she'd be lying.
 
A

acmb05

Senior Member
atxdad said:
What is the name of your state (only U.S. law)? Texas

Here's this situation hopefully someone can help me it. My exwife is saying she's moving 4 hours awayand will not be able to make 1st 3rd and 5th weekend visitation and wants to take the second option (in our divorce decree) and let me see them 1 weekend a month. I told her that I can't do that. I need to see my kids more than that. So she told me that if I did not take the deal she would call my P.O. and say we saw each other, basically something that's not supposed to happen. I would go to jail if this REALLY happened and she knows that. This would put me out of the picture of fighting for visitation. Any suggestions?
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Why is there a second option in your decree? Is this normal in Texas? How do you get your kids now without seeing your ex? How did she tell you this? If over the phone I would record the conversation.
 
CJane

CJane

Senior Member
acmb05 said:
Why is there a second option in your decree? Is this normal in Texas? How do you get your kids now without seeing your ex? How did she tell you this? If over the phone I would record the conversation.
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A TX SOP (Standard Order of Possession) has in it a provision for visitation if the parents live w/in 100 miles of each other and a provision for if they live more than 100 miles away from each other.

Also, very often, one parent is granted 'the exclusive right to determine the domicile of the children' meaning that parent can move wherever he/she so desires. There is also no statutory requirement for a relocating parent to do anything other than 'notify' the other parent of a pending relocation - no method and no time frame.
 
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Humusluvr

Senior Member
acmb05 said:
Why is there a second option in your decree? Is this normal in Texas? How do you get your kids now without seeing your ex? How did she tell you this? If over the phone I would record the conversation.
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I would NEVER advise recording a conversation, especially in these days of consent states, call towers, and cell phones. You never know when you could be in trouble with the feds.
 
A

acmb05

Senior Member
Humusluvr said:
I would NEVER advise recording a conversation, especially in these days of consent states, call towers, and cell phones. You never know when you could be in trouble with the feds.
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First of all Texas is a one party state. Second of all it was decided awhile back that cell phone recording would fall under the same laws as residential recording. It is no longer a crime to record a cell phone conversation, Why do you think they added features to cell phones to record your conversation? In a one party consent state I would record any and all conversations when it came to something like this. In a two party state I would advise the other party they were being recorded and if they kept talking it would be their own fault.

This OP could be looking at jail time if the ex goes through with her threat.
 
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penelope10

Senior Member
For the record, I have a Standard Order from 04. OZ and I are Joint Managing Conservators with primary residence being my home.The order states that if one of us moves over 100 miles from the other OZ has HIS CHOICE of the first, third and fifth weekend or the alternative of not more than one weekend per month. He's to give fourteen days written or telephonic notice preceding a designated weekend. This weekend cannot conflict with the provisions regarding XMAS,Thanksgiving, the child's b-day, and Mother's Day. It's his choice, not mine---he can still have the 1st, 3rd, and 5th weekend if he likes.

I have the exclusive right to establish the primary residence of the child without regard to geographic location, However, if I chose to move transportation issues change. Right now pick up and drop off are at my home.(Or pickup is to be at school if it's during the school year) According to the order ,if we live in the same county at the time of rendition of the order, and OZ's county of residence remains the same and mine changes, effective on the date of change of my residence surrender of his possession will take place at OZ's home rather than mine. (This information is set out in my Order under section (e) General Terms and Conditions).

According to the order we each are ordered to notify the other, the court, and the state case registry of any change in current residence address, mailing address, home telephone number, name of employer, address of employment, driver's license number, and work telephone number. This must be done and or before the 60th day before the intended change or before the 5th day after the date that the party knows of the change. Notice is to be given registered or certified mail, return receipt requested to the other party, registered or certified mail to the court addressed to the clerk (or can be given in person), and notice to the State Case Registry by mail.

I agree with the others that that you need to call your PO on Monday and let that person know what your ex is threatening you with.
 
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