Move!

[emeraldeyedmama]

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

Hey you guys!

If one parent is moving 10 hours from the primary residence of the child what would be a good parenting plan to ask for?

The children are not school aged so they do not attend school.
NCP emailed CP and asked he take one week twice a month on the 1st and 3rd weeks on Sunday. Giving him 14 days. He currently rcv's every weekend for the month of May. Then back to original order.
NCP wanted to modify to every other Thursday to Monday. But he now has to move to Florida for work and take a job due to getting terminated here in TX. What would a good schedule be to ask for? What would court allow him to ask due to a move? CP wil not agree to anything outside court because she is super MAD that NCP took her to court over contempt. They literally JUST got out of court over contemt. Will they courts require him to drive and pick up and drop off or will they allow meeting halfway or at each other's residence. Would he need to file for an emergency hearing before the move? He lost his job Tuesday and a new company is offering a job beginning Wednesday. Thank you thank you!!

 

[Ronin]

If NCP moves to Florida from Texas for a new job and it is a ten hour drive, that could create enough logistical challenges for CP to justify asking the court to terminate any split parenting plan and revert to a Texas Standard Possession Order for the NCP.

 

[emeraldeyedmama]

If NCP moves to Florida from Texas for a new job and it is a ten hour drive, that could create enough logistical challenges for CP to justify asking the court to terminate any split parenting plan and revert to a Texas Standard Possession Order for the NCP.

Thats what they have now.
Texas Family Code does state however that if a working order is non workable its grounds for modification and NCP was terminated due to his court hearing for the contempt matter. If he takes this job he will be working 7 days a week for 1/3 of the job time so would the court understand putting the time together? Also would it not be helpful to NCP if CP is unwilling to at least work together.

 

[Ohiogal]

Thats what they have now.
Texas Family Code does state however that if a working order is non workable its grounds for modification and NCP was terminated due to his court hearing for the contempt matter. If he takes this job he will be working 7 days a week for 1/3 of the job time so would the court understand putting the time together? Also would it not be helpful to NCP if CP is unwilling to at least work together.

What is the standard order of possession in Texas for long distance? That is what it is going to end up being. NCP doesn't seem to understand how such a plan would impact the child(ren). It would need changed when school age was obtained. How do you justify two modifications of the order in a few years because the NCP moved?

 

[emeraldeyedmama]

What is the standard order of possession in Texas for long distance? That is what it is going to end up being. NCP doesn't seem to understand how such a plan would impact the child(ren). It would need changed when school age was obtained. How do you justify two modifications of the order in a few years because the NCP moved?

SPO for over 100 miles is an extra weekend and every spring break as well as 42 days in the summer.
NCP would need someone to pick up, but due to the contempt he and CP meet the town the original order began which children no longer reside there. Also CP has been in contempt and this is her second probation if he did not move it would most likely go in his favor for a modification based on that plus. But now that he has to move it wont.
NCP has to move and CP has only one more right than CP. No matter who moves the children need to see each parent. The job will only be for 8 months. The company said they can send him back to TX after. He works in the industrial field. This is something that is uncontrollable. If he did not take the job there is no telling how long he will be out of work. His old employer lost the bid for a job in TX because its slow. He tried calling them.
Can NCP get it to a halfway meet or back to at residence pick up & drop off as before? Can he not ask that each weekend run together in days? Say he gets 4 weekends. Than can he ask for 8 days together? Does that sound at all just? To keep travel to a minimum.
Today at drop off CP told NCP she did not care if he saw the children, so court is the only step.

 

[emeraldeyedmama]

So CP and NCP had a phone conversation and CP says she is fine with the 2 week visits as long as NCP picks up and drops off. If court makes the decision will they approve that or will they allow pick up at home byt NCP and pick up from home by CP as the OO states??

 

[stealth2]

How are you related to this situation?

 

[emeraldeyedmama]

How are you related to this situation?

I will be picking up and droping off if that's what ends up happening, which im hoping not because my son is 7 months old and in the car for that long just wont be good.

CP will agree to the visitation but not the pick up and drop off. She asked that it stay out of court but let their attorneys agree to something, but their attorneys can olny agree to what they agree too.

Thats why I was inquiring if courts would change the fact of in the SPO order pick and drop off is at each parents house even for the 100 mile rule and if that will stay the same??
The only problem is they are meeting in Floresville at this time due to problems with the contempt for pick up & drop off.

 

[stealth2]

I will be picking up and droping off if that's what ends up happening, which im hoping not because my son is 7 months old and in the car for that long just wont be good.

CP will agree to the visitation but not the pick up and drop off. She asked that it stay out of court but let their attorneys agree to something, but their attorneys can olny agree to what they agree too.

Thats why I was inquiring if courts would change the fact of in the SPO order pick and drop off is at each parents house even for the 100 mile rule and if that will stay the same??
The only problem is they are meeting in Floresville at this time due to problems with the contempt for pick up & drop off.

That didn't really answer the question, but close enough. Tell Dad to come and ask his own questions. Seriously.

 

[emeraldeyedmama]

That didn't really answer the question, but close enough. Tell Dad to come and ask his own questions. Seriously.

You asked how I tied into the situation.
Well I will tell him just for you go buy another computer and see if he can use it driving, but lets not get crappy here please. He had to go pick up a Dually in Florida from his parents.

He will talk to his lawyer at 3 today, but that does not mean asking others for consideration is wrong.

 

[Ohiogal]

I will be picking up and droping off if that's what ends up happening, which im hoping not because my son is 7 months old and in the car for that long just wont be good.

So what you do is say NO you will not do the transportation. The court cannot order you to do so.

CP will agree to the visitation but not the pick up and drop off. She asked that it stay out of court but let their attorneys agree to something, but their attorneys can olny agree to what they agree too.

CP does not have to agree to the pick up and drop off.

Thats why I was inquiring if courts would change the fact of in the SPO order pick and drop off is at each parents house even for the 100 mile rule and if that will stay the same??

Probably stay the same.

The only problem is they are meeting in Floresville at this time due to problems with the contempt for pick up & drop off.

Oh well. Apparently you are stepmom and quite frankly you dont' have to do anything. The fact that you have taken an attitude with people here does not help your case.

 

[emeraldeyedmama]

So what you do is say NO you will not do the transportation. The court cannot order you to do so.


CP does not have to agree to the pick up and drop off.


Probably stay the same.



Oh well. Apparently you are stepmom and quite frankly you dont' have to do anything. The fact that you have taken an attitude with people here does not help your case.

I did not take an attitude. I only asked that he not head that direction.
I know the court will not make me do anything. But if he takes this job he will be working 7 10's and you have answered my questions before OG this shouldn't be differrent.

I know CP does not have to agree. Nobody does, but for the sake of less traveling on the children and anybody picking up or droping off.

All im asking is if the 100 mile rules begin.. will the location of the drop off in the contempt order remain the same or will it change along with the 100 mile rules???

And you felt it will probably stay the same I assume.

 

[Silverplum]

I did not take an attitude. I only asked that he not head that direction.

No, that's not it. You want a free pass on the "stepparent asking questions instead of the actual parent asking questions" thing.

There's a REASON advisors want to "speak" with the actual parent instead of the stepparent.

 

[emeraldeyedmama]

No, that's not it. You want a free pass on the "stepparent asking questions instead of the actual parent asking questions" thing.

There's a REASON advisors want to "speak" with the actual parent instead of the stepparent.

I dont need a free pass. I am not asking something that does not concern me. I am asking because myself or motherinlaw will be picking up and/or droping off if thats what the case falls on.

I understand some of you dislike step-parents and their roles, but I am asking nicely not to pull that on me. This is a situation where a legitimate question and answers are helpful whether to me or my husband or whoever.
Do you feel my husband asking will change the answer?
My husbands asks his attorney or her paralegal and they are not always on the same page so I thought I could ask some more people in the are of law this is in.

If he was offended I apologize, but I was not trying to come off rude or with attitude. Thats like saying I can't pray in school. Im offended I can't and your offended I did. You see.

 

[Silverplum]

I dont need a free pass. I am not asking something that does not concern me. I am asking because myself or motherinlaw will be picking up and/or droping off if thats what the case falls on.

I understand some of you dislike step-parents and their roles, but I am asking nicely not to pull that on me. This is a situation where a legitimate question and answers are helpful whether to me or my husband or whoever.
Do you feel my husband asking will change the answer?
My husbands asks his attorney or her paralegal and they are not always on the same page so I thought I could ask some more people in the are of law this is in.

If he was offended I apologize, but I was not trying to come off rude or with attitude. Thats like saying I can't pray in school. Im offended I can't and your offended I did. You see.

Your whole attitude and comprehension is wrong.

I'm not offended by your asking questions and inserting yourself into your husband's case. Don't ass-u-me and tell me how I ~feel.~ If I tell you that I'm a stepparent, don't you feel like an ass? You should. I don't dislike stepparents: that would be moronic.

~Feelings~ have nothing to do with this: it's all a matter of the legal issues. Legally, you have no place in this, and never will, regardless of your choice to involve yourself via driving/typing/whatever. We help you learn that. You're welcome.

Furthermore, if your H has an attorney, he is outside our target for volunteering: we (most of us) are here to help people without attorneys.