Can my ex-wife move our son in spite of thhe decree?

[steveshots]

What is the name of your state (only U.S. law)? Texas
Texas is my state of residence.
My divorce decree states that she must reside in either Williamson or Travis Counties with our son. She is threatening to move him a few states away. In our "collaborative" divorce we decided that it would be best if he didn't have to leave his friends, school and what he still has left as normalcy.

These threats upset him and me too. She threatens to move anyway and that a judge will side with her. She also says that all she has to do is modify the decree to free herself of it.

What can/should I do?

 

[Proserpina]

What is the name of your state (only U.S. law)? Texas
Texas is my state of residence.
My divorce decree states that she must reside in either Williamson or Travis Counties with our son. She is threatening to move him a few states away. In our "collaborative" divorce we decided that it would be best if he didn't have to leave his friends, school and what he still has left as normalcy.

These threats upset him and me too. She threatens to move anyway and that a judge will side with her. She also says that all she has to do is modify the decree to free herself of it.

What can/should I do?

Well, if she wants to hand you sole custody on a silver platter she'd be going the right way about it....

She would need to petition the court and get permission - she is NOT the one who makes that choice.

 

[steveshots]

Thank you for your input. Is there anything to be done about her threats and the negitave impact it has on my son and myself?

 

[Hisbabygirl77]

Thank you for your input. Is there anything to be done about her threats and the negitave impact it has on my son and myself?

Until she actually moves with your son there isnt much you can do. You already have it in your decree that she is not allowed to. If she does move you hurry yourself down to the court house and file for your son to be returned.

 

[steveshots]

Thank you for the information. Does anyone know what forms to file or what the procedure is? As others have stated, I have spent so much on legal fees to date that if there is a way to do it myself I would like to do so. However, there is no amount of debt or dollar loss that I wouldn't incur for my son's well being and happiness.

 

[Proserpina]

Thank you for the information. Does anyone know what forms to file or what the procedure is? As others have stated, I have spent so much on legal fees to date that if there is a way to do it myself I would like to do so. However, there is no amount of debt or dollar loss that I wouldn't incur for my son's well being and happiness.

She hasn't gone yet - there's nothing to file right this second.

(unless you actually have PROOF that she's intending to do this)

 

[CJane]

Remember you have to wait until either 1) she actually moves or 2) formally informs you she's moving.

All the threats in the world are not a cause of action for filing anything. Trust me on that one.

What is your current visitation schedule and how old is the child?

 

[steveshots]

I have standard visitation . . . every other weekend, a month in the summer, alter holidays, etc. I would like to know what forms and procedures are necessary so that I am ready to file the second sh tries to leave. The son is 13. I may even be able to obtain proof of intent as well. I won't file until there is just cause. I just don't want to wait to do the research as I will not be able to pay an attorney.

 

[CJane]

Proof of intent is NOT enough unless that proof is HER sending you a certified return receipt notification that she IS moving and she IS planning on taking the child with her. OR she ACTUALLY MOVES and takes the child with her.

WHEN that happens, you'll need to file a motion to prevent the relocation of the child. Your child's age IS a consideration and AS PART OF YOUR FILING, the child can also file an affidavit of intent that will allow him to state his preference of where he wants to live. This is not a determining factor, but it will weigh.

But again, until SOMETHING HAPPENS there is nothing to file. Jumping the gun is not going to help you.

 

[steveshots]

Thank you so much for your responses. They all help. If anyone can answer my question of "What forms do I file? What is the procedure?" I would greatly appreciate it. With this information, I can be able to provide a swift response to any breaking of the agreement. I don't even know where to start.

 

[VeronicaLodge]

there isnt a form, its a motion, and you can't really write it until you have the facts of what is actually happening.