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Difference when child moves out of state

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3kd

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

My ex-wife has primary custody of our son, age 15. She is moving with her new husband from MD to TX. I will continue to reside in MD. Our son has expressed his desire to move to TX with her. I understand that the TX courts will have jurisdiction on any future changes in the custody and support arragements, but I have some questions that I hope the community here can answer.

What do we (or I) need to do in the MD court now? I have no desire to interfere with my son's stated wish to join his mother in TX, but I don't want to appear uninterested in the eyes of the law or lose any parental rights that I fail to "defend." Again, all three of us are ok with the move. I'm not hoping to fight it or stall it or interfere at all. I just want to be on the right side of the law when all is said and done, and to have shown that I want to remain in my son's life as much as possible once he moves so far away.

What will I need to do through the court in TX?

Will I need to appear in a court in TX?

Are there significant milestones (in MD, in TX, or in general), in terms of time or in terms of court actions that I should know about?

Thank you for your time.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? MD

My ex-wife has primary custody of our son, age 15. She is moving with her new husband from MD to TX. I will continue to reside in MD. Our son has expressed his desire to move to TX with her. I understand that the TX courts will have jurisdiction on any future changes in the custody and support arragements, but I have some questions that I hope the community here can answer.

What do we (or I) need to do in the MD court now? I have no desire to interfere with my son's stated wish to join his mother in TX, but I don't want to appear uninterested in the eyes of the law or lose any parental rights that I fail to "defend." Again, all three of us are ok with the move. I'm not hoping to fight it or stall it or interfere at all. I just want to be on the right side of the law when all is said and done, and to have shown that I want to remain in my son's life as much as possible once he moves so far away.

What will I need to do through the court in TX?

Will I need to appear in a court in TX?

Are there significant milestones (in MD, in TX, or in general), in terms of time or in terms of court actions that I should know about?

Thank you for your time.
Why do you believe that TX courts would automatically have jurisdiction?
 

Silverplum

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

My ex-wife has primary custody of our son, age 15. She is moving with her new husband from MD to TX. I will continue to reside in MD. Our son has expressed his desire to move to TX with her. I understand that the TX courts will have jurisdiction on any future changes in the custody and support arragements, but I have some questions that I hope the community here can answer.

What do we (or I) need to do in the MD court now? I have no desire to interfere with my son's stated wish to join his mother in TX, but I don't want to appear uninterested in the eyes of the law or lose any parental rights that I fail to "defend." Again, all three of us are ok with the move. I'm not hoping to fight it or stall it or interfere at all. I just want to be on the right side of the law when all is said and done, and to have shown that I want to remain in my son's life as much as possible once he moves so far away.

What will I need to do through the court in TX?

Will I need to appear in a court in TX?

Are there significant milestones (in MD, in TX, or in general), in terms of time or in terms of court actions that I should know about?

Thank you for your time.
Here are some helpful links for information:
http://www.ourfamilywizard.com/ofw/index.cfm/blog/long-distance-custody-arrangements/?keywords=&tag=visitation schedule&searchSectionID=

http://www.lawfirms.com/resources/child-custody/child-custody-basics/special-issues.htm

Look up long distance parenting time schedules and work with your ex to select one that works for you and your son. Jurisdiction should remain in MD, unless you choose to allow it to transfer to TX.

Best wishes. :)
 

TheGeekess

Keeper of the Kraken
What is the name of your state (only U.S. law)? MD

My ex-wife has primary custody of our son, age 15. She is moving with her new husband from MD to TX. I will continue to reside in MD. Our son has expressed his desire to move to TX with her. I understand that the TX courts will have jurisdiction on any future changes in the custody and support arragements, but I have some questions that I hope the community here can answer.

What do we (or I) need to do in the MD court now? I have no desire to interfere with my son's stated wish to join his mother in TX, but I don't want to appear uninterested in the eyes of the law or lose any parental rights that I fail to "defend." Again, all three of us are ok with the move. I'm not hoping to fight it or stall it or interfere at all. I just want to be on the right side of the law when all is said and done, and to have shown that I want to remain in my son's life as much as possible once he moves so far away.

What will I need to do through the court in TX?

Will I need to appear in a court in TX?

Are there significant milestones (in MD, in TX, or in general), in terms of time or in terms of court actions that I should know about?

Thank you for your time.
Right now, you and Mom can file a stipulated agreement that she can move and what the new visitation schedule will be, including virtual visitation.
 

3kd

Junior Member
Thank you all.

Zigner, I expected that TX will have jurisdiction because that is where my son will reside, primarily, after the move. The information in the link www.lawfirms.com/resources/child-custody/child-custody-basics/special-issues.htm that Silverplum shared is espeecially helpful.

TheGeekess, do you know if there are sample forms for such a stipulated agreement in MD that we could use? We have handled the last few changes in the custody/support arrangement as children grew up and jobs changed without needing to hire attorneys. I think we both would like to make this change as inexpensive in $$ and emotional strain as possible, too.

Thanks again.
 
Here is a resource. http://distanceparent.org/how-to/how-to-create-a-legally-binding-long-distance-parenting-plan/
I would recommend if you 2 can agree go to a mediator they will type up the plan for you and file it with the court. I love it when parents can get a long and work things out. Good luck to ya.:D
 

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