Does it depend on the judge?

[kimberlywrites]

To give a little more info:
The ex told my husband she was moving, that her lawyer said it was okay, and that there was nothing he could do about it. Hubby called his lawyer, forked over some money, they filed an objection - and it was over. Didn't even go to court. The ex's lawyer was wrong if he in fact told her she could do it. My husband is just like the NCP in your situation. He has the same vistation, as is standard in Texas. He uses his visitation. he pays his child support. He was able to stop the move.

 

[Grandma5]

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.

Understood, but see my response above.

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.)

Thank you for your response(s).

NCP does NOT like the idea of not seeing his children for all that time. He is okay with once a month, but it would seem that CP should pay for the transportation. NCP's lawyer is saying it will only be 50/50 as to paying for the transportation.

I KNOW life "isn't fair", but it just seems that NCP's children will really be losing out.

Are there ANY cases in TX that NCP could "use" to show (via the lawyer) that there HAVE been cases already where the CP was NOT allowed to move simply because she gets married, or when the CP is to pay 100% of the transportation costs?

NCP's lawyer is saying that the judge will say that the "new couple" is better able to financially take care of the children.

One other question....what is the best way to keep the jurisdiction IN TEXAS?

 

[MichaCA]

While whatever CP's attorney is stating is what he will be saying to the judge...thats their case (all the things he has said); he is being pushy and while TX is a easy state for move-aways (according to what I have read here) he is still speaking a bit out of his bounds. Try to not take his words as legal gospel.

As for as your son's attorney, I would love to see imput here as to how TX deals with moveaway...costs of transportation to NCP. From reading post's on here, it seems other states are universally on the track that the moveaway parent must shoulder the majority, if not all, of the transportation costs. Especially as CP's attorney is suggesting that with mom and new hubby they will be the more stable...what?!...turn that one around and say if they are more stable, then shoulder the costs...all of them.

If someone here suggests the request that dad shoulder 50% is savvy in TX, thats one thing. If its not the protocol, I would seriously look at the lack of aggressiveness on your son's attorney's part. He needs an aggressive attorney who is capable of putting up the best case he can for the dad.

I truly think if an attorney dug into this, and came in hard with requests that mom will need to shoulder the majority of transportion costs, as well as the son spend the majority of summer in TX, as well as more of the school break periods than current...mom may wish to reconsider.
As well, but just my point of view vs legal opinion, given the long lengths of time children will be spending with one or the other parent...consider the AGE of the children in that. Look up TX visitation standard guidelines according to age and see what they say. It won't make or break dads' case, but is relevent and worthy of being added in.

I would look into where mom proposes to move in WI. Go ahead and look up exactly what types of plane fares are available. Is it one direct flight? Is it two flights? What does it all look like, traveling one way will take up a whole day? How much is the cost for two children traveling? what are the airlines policies on age/children needing the parent to be with them on the flight? How many years before they can fly alone? Add it all up, spell it out...is a once a month visit even feasible with the travel time, and not missing school? How much exactly will it cost for dad to drive to local airport, is a sleepover necessary? I would pretend its all happening and add it all up...the overall cost of each visit, then times it by whatever dad is requesting...and have his attorney put that out there.
(don't forget to throw in that Monday holidays should go to dad for once a month visits)

ANother point, if dad behind on child support, how can he be paying for flights? Of course perhaps that goes against him a bit, but perhaps not.

I would look into his attorney situation, and make sure he is an on top of it, and aggressive enough attorney. Sorry to be like that, but I'm just not sure about him.

 

[LdiJ]

To give a little more info:
The ex told my husband she was moving, that her lawyer said it was okay, and that there was nothing he could do about it. Hubby called his lawyer, forked over some money, they filed an objection - and it was over. Didn't even go to court. The ex's lawyer was wrong if he in fact told her she could do it. My husband is just like the NCP in your situation. He has the same vistation, as is standard in Texas. He uses his visitation. he pays his child support. He was able to stop the move.

If it was over without even going to court, then mom caved. The judge couldn't make a ruling without a hearing, that would not have given mom "due process". The only way it could have been over without a hearing is again, if mom caved.

 

[Grandma5]

Thank you for your response(s).

NCP does NOT like the idea of not seeing his children for all that time. He is okay with once a month, but it would seem that CP should pay for the transportation. NCP's lawyer is saying it will only be 50/50 as to paying for the transportation.

I KNOW life "isn't fair", but it just seems that NCP's children will really be losing out.

Are there ANY cases in TX that NCP could "use" to show (via the lawyer) that there HAVE been cases already where the CP was NOT allowed to move simply because she gets married, or when the CP is to pay 100% of the transportation costs?

NCP's lawyer is saying that the judge will say that the "new couple" is better able to financially take care of the children.

One other question....what is the best way to keep the jurisdiction IN TEXAS?

Just to see if anyone has any answers to these questions from my post:

Are there ANY cases in TX that NCP could "use" to show (via the lawyer) that there HAVE been cases already where the CP was NOT allowed to move simply because she gets married, or when the CP is to pay 100% of the transportation costs?

NCP's lawyer is saying that the judge will say that the "new couple" is better able to financially take care of the children.

One other question....what is the best way to keep the jurisdiction IN TEXAS?
Thanks

 

[Ronin]

Are there ANY cases in TX that NCP could "use" to show (via the lawyer) that there HAVE been cases already where the CP was NOT allowed to move simply because she gets married, or when the CP is to pay 100% of the transportation costs?

For a list of "relocation factors" you might consider researching Lenz v. Lenz, which was the last case taken to the Texas Supreme Court and many attorneys use. You should be able to frame your case in the context of these factors. Even though in this case the CP was allowed to move.

The percent of transportation costs CP will have to pay may depend alot upon differences in income between the parents. Its not a given the CP will have to pay 100% as a penalty for relocating. In my case costs are split 50/50.

One other question....what is the best way to keep the jurisdiction IN TEXAS?

Texas keeping jurisdiction is pretty much a given, as long as the father remains in Texas, and he challenges any attempt to change jurisdiction.

In answer to your very first question, in Texas the judge you get does matter. While many are honest and follow the law, many make arbitrary rulings in family courts that do not follow the law. But this could go either way depending upon whether the judge is pro mom or pro dad.

In Texas there is only one case that I am aware of to show that relocation cases are ever overturned on appeal. But the biggest reason the Lenz case was overturned was because the jury granted relocation, and the judge ignored the jury's recommendation. However, Texas is a conservative state and leans more to denying relocation than granting it.

If your son lives in a conservative county and has any concerns about the judges inclinations, your son may wish to consider his right to a jury trial on the relocation issue.

 

[Grandma5]

For a list of "relocation factors" you might consider researching Lenz v. Lenz, which was the last case taken to the Texas Supreme Court and many attorneys use. You should be able to frame your case in the context of these factors. Even though in this case the CP was allowed to move.

The percent of transportation costs CP will have to pay may depend alot upon differences in income between the parents. Its not a given the CP will have to pay 100% as a penalty for relocating. In my case costs are split 50/50.

Texas keeping jurisdiction is pretty much a given, as long as the father remains in Texas, and he challenges any attempt to change jurisdiction.

In answer to your very first question, in Texas the judge you get does matter. While many are honest and follow the law, many make arbitrary rulings in family courts that do not follow the law. But this could go either way depending upon whether the judge is pro mom or pro dad.

In Texas there is only one case that I am aware of to show that relocation cases are ever overturned on appeal. But the biggest reason the Lenz case was overturned was because the jury granted relocation, and the judge ignored the jury's recommendation. However, Texas is a conservative state and leans more to denying relocation than granting it.

If your son lives in a conservative county and has any concerns about the judges inclinations, your son may wish to consider his right to a jury trial on the relocation issue.

Thanks for the information Ronin. He is going to look at the case you mentioned.

His lawyer said that (as I mentioned) the "new couple" would better be able to financially care for the children...if so, then I would hope THEY would be financially able to pay for the cost of transportation.

Thanks again