Does it depend on the judge?

[Grandma5]

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

I mostly read on this site, but I have a question.

From what I have read here, CP is not allowed to move away if the NCP objects. My son asked for CP to remain in the county of residence (for both). CP okayed that with this exception.....CP is to remain in (X) county, and in the state of Texas if it is for furthering her education.....NCP told the lawyer he was not in agreement with this, (as CP did this about a year ago....resulting in NCP not seeing the children for 3-4 months at a time). The lawyer said that if she has a "good reason" for moving, the judge won't deny it.

Does it just depend on the judge????What is the name of your state (only U.S. law)?

 

[LdiJ]

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

I mostly read on this site, but I have a question.

From what I have read here, CP is not allowed to move away if the NCP objects. My son asked for CP to remain in the county of residence (for both). CP okayed that with this exception.....CP is to remain in (X) county, and in the state of Texas if it is for furthering her education.....NCP told the lawyer he was not in agreement with this, (as CP did this about a year ago....resulting in NCP not seeing the children for 3-4 months at a time). The lawyer said that if she has a "good reason" for moving, the judge won't deny it.

Does it just depend on the judge????What is the name of your state (only U.S. law)?

This forum does tend to state, rather firmly, that a cp does not get to move away with the children unless the ncp agrees.

However, the reality of things is that a judge makes a decision based on the individual facts of each case, and many cps do get permission to relocate with the children.

It doesn't just depend on the judge, it depends on how the judge views the specific facts of each individual case.

The only time when it comes close to a slam dunk, is if the parents currently have a 50/50 schedule. In that case its almost impossible that one of the parents would get permission to relocate with the child(ren).

 

[ariastar]

There's a combination of the judge AND, more importantly, the individual factors in the case.

 

[CJane]

Also, TX is pretty move-away friendly from what I understand as long as the move is not a direct attempt to thwart the NCP's time w/the child/ren.

I'm a little confused though - IS there a current order, or is it still being hashed out? Also, when NCP was 'unable' to see the children for 3-4 months - how SPECIFICALLY was that the CP's fault?

 

[ariastar]

Sounds like the CP moved a great distance away from the NCP. Texas is a big state, and one can move within the state and see be too far away for the NCP to have the ability to exercise regular weekend visits. Some of you may have the money to drive hundreds of miles one way ever weekend, but not all parents do, especially when money is tight enough these days as it is.

 

[Grandma5]

Also, TX is pretty move-away friendly from what I understand as long as the move is not a direct attempt to thwart the NCP's time w/the child/ren.

I'm a little confused though - IS there a current order, or is it still being hashed out? Also, when NCP was 'unable' to see the children for 3-4 months - how SPECIFICALLY was that the CP's fault?

Yes, there is a current order. CP was going for a one month training, to which the NCP agreed. She told me that the visits 1st, 3rd, and 5th weekends wouldn't be a problem because she would "be visiting her family on those weekends". Once there, it turned into a longer time period. (end of August through December) (while she was there, it was next to impossible for communication...the phone number given was never answered, and CP and NCP only spoke if CP called and her number was blocked or private, often mentioning that if he wanted to speak to the children he had to speak to her first)--- then, she talked about buying a home and staying there--she returned with the children in March (he thinks) but he did not see the children until April. NCP felt since the wording in the divorce papers said that she had NO restrictions on where she could live with the children, he could do nothing about it at the time she left and didn't return in a month. NCP paid round trip tickets for himself and the children plus the flight up and back for himself.....about $800 at Christmas tiime. No proof, but he thinks she was in his county just before having to make those flights.

CP returned to the original county and is living and working there now. NCP has returned to court to modify, requesting that CP remain in his county with the children. CP returned an "order" (I am not sure what it is called before they both sign) with the additional "in the state of Texas if for furthering her education". That is when NCP asked his lawyer about it, to which the lawyer responded, "If she has a good reason, the judge will allow it"

 

[Grandma5]

Sounds like the CP moved a great distance away from the NCP. Texas is a big state, and one can move within the state and see be too far away for the NCP to have the ability to exercise regular weekend visits. Some of you may have the money to drive hundreds of miles one way ever weekend, but not all parents do, especially when money is tight enough these days as it is.

Exactly, southernmost part of TX to Dallas, is NOT an easy drive**************especially for weekend visits.

 

[Grandma5]

Moving even further away?

The same problelm only worse!

CP now has told NCP that she has married and will be moving to Wisconsin in July!!!! The children are 4 and 6, not even old enough to fly by themselves. NCP's lawyer says that since THEIR income will better take care of the children that the judge will allow it. Also, the lawyer is stating that NCP will be responsible for 50% of the trasnportation.

How is that in the best interest of the children and their relationshiop with their father...NCP? I don't understand how it is okay in some instances to not allow children to be moved away, and in some instances it is okay.

NCP is finishing his universtity classes, as they were put on hold when he joined the Army and they were married. Since then, he worked and helped financially so she could finish her education. CP is employed as a teacher locally. NCP is unemployed at present, receiving benefits only from the GI Bill for school and a small disability benefit.
NCP is behind on child support. He was to get the amount adjusted over a year ago with the Attorney General's office, but the lawyer told him to wait and they would "take care" of that with the request to choose one weekend a month due to the distance (when CP was in Dallas)....but then CP moved back to the area.

Any ideas on anything NCP could do? Or is it just as he seems to feel.....that he is "beaten"?

 

[mommyof4]

The same problelm only worse!

CP now has told NCP that she has married and will be moving to Wisconsin in July!!!! The children are 4 and 6, not even old enough to fly by themselves. NCP's lawyer says that since THEIR income will better take care of the children that the judge will allow it. Also, the lawyer is stating that NCP will be responsible for 50% of the trasnportation.

How is that in the best interest of the children and their relationshiop with their father...NCP? I don't understand how it is okay in some instances to not allow children to be moved away, and in some instances it is okay.

NCP is finishing his universtity classes, as they were put on hold when he joined the Army and they were married. Since then, he worked and helped financially so she could finish her education. CP is employed as a teacher locally. NCP is unemployed at present, receiving benefits only from the GI Bill for school and a small disability benefit.
NCP is behind on child support. He was to get the amount adjusted over a year ago with the Attorney General's office, but the lawyer told him to wait and they would "take care" of that with the request to choose one weekend a month due to the distance (when CP was in Dallas)....but then CP moved back to the area.

Any ideas on anything NCP could do? Or is it just as he seems to feel.....that he is "beaten"?

Please tell us exactly what the current court order states and how faithfully NCP has adhered to and exercises the ordered parenting time. It makes a difference in the answer.

Either way, NCP has the right to file in court to block the move, but you need to understand that NCP does NOT have to consent to the move (ever). A judge has the final say. It's nice if CP and NCP work it out and come to an agreement, but NCP is not granted any special power or control over the CP.

And yes, TX is pretty move away friendly, especially the courts in the Austin area and Houston area. That is because it has been found that many, many parents (both CPs and NCPs) are transplants to begin with and there has been an equal problem with both CPs and NCPs moving away. It used to be really, really difficult to move out of the county with the children, but that has changed over the last decade, ESPECIALLY if the children are being moved to a different metro area within the state (partly because it is incredibly cheap to fly SW, who flies to every major area of TX).

 

[kimberlywrites]

The same problelm only worse!

CP now has told NCP that she has married and will be moving to Wisconsin in July!!!! The children are 4 and 6, not even old enough to fly by themselves. NCP's lawyer says that since THEIR income will better take care of the children that the judge will allow it. Also, the lawyer is stating that NCP will be responsible for 50% of the trasnportation.

How is that in the best interest of the children and their relationshiop with their father...NCP? I don't understand how it is okay in some instances to not allow children to be moved away, and in some instances it is okay.

NCP is finishing his universtity classes, as they were put on hold when he joined the Army and they were married. Since then, he worked and helped financially so she could finish her education. CP is employed as a teacher locally. NCP is unemployed at present, receiving benefits only from the GI Bill for school and a small disability benefit.
NCP is behind on child support. He was to get the amount adjusted over a year ago with the Attorney General's office, but the lawyer told him to wait and they would "take care" of that with the request to choose one weekend a month due to the distance (when CP was in Dallas)....but then CP moved back to the area.

Any ideas on anything NCP could do? Or is it just as he seems to feel.....that he is "beaten"?

CP's lawyer is, of course, going to say and demand all of those things. But that doesn't mean they will happen. I like to compare it to real estate - you offer something ridiculous knowing the seller is going to come back, then you try to meet somewhere in the middle.
Anyway my point is, don't be upset about what CPs lawyer is demanding. Now it's NCP's turn to say Hell No. Preferably through a lawyer. The lawyer can be just as demanding. Then, eventually, a judge will decide if the involved parties cannot.

 

[LdiJ]

CP's lawyer is, of course, going to say and demand all of those things. But that doesn't mean they will happen. I like to compare it to real estate - you offer something ridiculous knowing the seller is going to come back, then you try to meet somewhere in the middle.
Anyway my point is, don't be upset about what CPs lawyer is demanding. Now it's NCP's turn to say Hell No. Preferably through a lawyer. The lawyer can be just as demanding. Then, eventually, a judge will decide if the involved parties cannot.

It sounds to me like the ncp's own attorney is the one saying that, not the cp's attorney.

 

[kimberlywrites]

I'm so confused. More coffee. And until then, I should be quiet on the forum.

 

[Grandma5]

Please tell us exactly what the current court order states and how faithfully NCP has adhered to and exercises the ordered parenting time. It makes a difference in the answer.

Either way, NCP has the right to file in court to block the move, but you need to understand that NCP does NOT have to consent to the move (ever). A judge has the final say. It's nice if CP and NCP work it out and come to an agreement, but NCP is not granted any special power or control over the CP.

And yes, TX is pretty move away friendly, especially the courts in the Austin area and Houston area. That is because it has been found that many, many parents (both CPs and NCPs) are transplants to begin with and there has been an equal problem with both CPs and NCPs moving away. It used to be really, really difficult to move out of the county with the children, but that has changed over the last decade, ESPECIALLY if the children are being moved to a different metro area within the state (partly because it is incredibly cheap to fly SW, who flies to every major area of TX).

CURRENT ORDER is from the time of the divorce....it states that CP can move anywhere she wants without geographical restrictions. This is one of the reasons NCP is trying to change it.

Both CP and NCP grew up in southern TX. When she moved from the southernmost part of TX to Dallas, he could do nothing about it. So, now that she is back in south Texas, he WANTS to be sure that he doesn't miss out on time with his children.

As for exercising his rights, NCP (when the children are here) picks them up 1st, 3rd, and 5th weekends as stated in the papers. He is allowed to pick them up for 2 hours on Thursday, but has not been able to do that much, since he has been either working or taking classes. He picks them up for the 2 hours when he is able. He also has them for everyother Spring Break, Christmas (alternating 1st and 2nd half), every other Thanksgiving. Pretty much standard. The only time he has not picked up the children was the time she was in Dallas at Spring Break that year. (and of course the weekends during that time)

 

[mommyof4]

CURRENT ORDER is from the time of the divorce....it states that CP can move anywhere she wants without geographical restrictions. This is one of the reasons NCP is trying to change it.

And unless NCP can show that it will be harmful to the child(ren) to be moved, that's going to be very hard to do. That is NOT the standard order in TX and the judge felt there was good reason to order that at the time.

Both CP and NCP grew up in southern TX. When she moved from the southernmost part of TX to Dallas, he could do nothing about it. So, now that she is back in south Texas, he WANTS to be sure that he doesn't miss out on time with his children.

Understood, but see my response above.

As for exercising his rights, NCP (when the children are here) picks them up 1st, 3rd, and 5th weekends as stated in the papers. He is allowed to pick them up for 2 hours on Thursday, but has not been able to do that much, since he has been either working or taking classes. He picks them up for the 2 hours when he is able. He also has them for everyother Spring Break, Christmas (alternating 1st and 2nd half), every other Thanksgiving. Pretty much standard. The only time he has not picked up the children was the time she was in Dallas at Spring Break that year. (and of course the weekends during that time)

That's going to be in his favor, but he needs to be prepared that will not be enough to modify the order. What is more likely to happen is that she will be allowed to move the children, but a long distance parenting plan will be put in place to allow less frequent, but extended time with the children. (the most notable being most of the summer.)

 

[kimberlywrites]

CURRENT ORDER is from the time of the divorce....it states that CP can move anywhere she wants without geographical restrictions. This is one of the reasons NCP is trying to change it.

Both CP and NCP grew up in southern TX. When she moved from the southernmost part of TX to Dallas, he could do nothing about it. So, now that she is back in south Texas, he WANTS to be sure that he doesn't miss out on time with his children.

As for exercising his rights, NCP (when the children are here) picks them up 1st, 3rd, and 5th weekends as stated in the papers. He is allowed to pick them up for 2 hours on Thursday, but has not been able to do that much, since he has been either working or taking classes. He picks them up for the 2 hours when he is able. He also has them for everyother Spring Break, Christmas (alternating 1st and 2nd half), every other Thanksgiving. Pretty much standard. The only time he has not picked up the children was the time she was in Dallas at Spring Break that year. (and of course the weekends during that time)

That is standard wording in Texas. Doesn't mean he can't object to a move, though. My hubby did, and his ex's move was in fact prevented, despite having the same wording about geographical location in his decree. I'm NOT saying your case is the same, but man it sounds identical to my hub's situation - and he was successful in stopping the move to another state.