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Ex is trying to move out of state :(

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fatheroftwoboys

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

I have a question about what to do if my ex-wife wants to move out of state to study Law and take our children.

- Divorced with Joint Managing Conservator (equal rights, geographical restriction to county and surrounding counties, no one has physical address)

- I'm an active father. I see my kids 5 times a week (overnight every weekend Fri thru Monday, dinner on Thursday). I take them places, do instructional things with them, and keep them active.

-I'm active at their school. I'm taking them to post-divorce therapy/counseling to deal with some anger/resentment issues (invited their mother, but she declined; even refuses to pay for the sessions). The children are also exposed to a lot of negative alienating verbiage at their mother's house, including being told I "ran away and abandoned them," "I'm a jerk," "I will make it alright and pay for their mother to move to a new house," etc. They also have a chaotic home life with their mother. She has had two or three boyfriends in the last 8 months. The latest boyfriend is a 19 year old guy whom my children once affectionately known as the boyfriend to their 18 year old half-sister.

- My older son is being diagnosed Autistic (pending final visit on March 8). At the very least he will have a learning disability as he is way below his peers in Kindergarten. Again, I started these interventions at school and the Autism Community Network. I even have emails from my ex saying she will do anything in her power to prevent our son from getting diagnosed and serviced.

- The only thing the ex has is a CPS case that came back negative. I called them because my kids where being turned to be dirty, with raggy clothes, and in filthy conditions (dirt under their nails, without taking baths for days,etc). I also smelled weed one morning when I was dropping my youngest son who doesn't go to school yet. Anyway, it was the only time I called. I was concerned for the well being of my kids. I have pictures of filthy conditions and if I need to a neighbor to collaborate the smell. Does she have enough to get me for "falsely" accusing her? I was just concern about the boys. Now I know not to call CPS as they won't do anything unless it's beyond messed up :(. I am concerned that the phone operator I talked to to report the case didn't sway me from making the report :(. On the plus side, they are being sent to me cleaner so it obviously worked.

- I don't want them to be without their parents. Thus, I don't think its in their best interest for them to move out of state with her. She outsources the children to others. She works full time, goes to school full time, and drinks excessively. She complains she has no money to pay the house where my kids live, yet spends nearly $300 in drinking at bars 6+ times a month (some during the nights she keeps my sons).

- There is also the matter of the remaining financial obligations from the divorce decree. She hasn't paid any of the bills awarded to her, but under my name. I have to pay her a lump sum this summer. There is no "off-set" clause so I'm going to have that be part of the court case this summer. We were also supposed to file taxes together and so far I haven't received her W2 despite my many times asking her.

I already hired a lawyer, but it's too expensive to ask him everything. So, what are the odds. Any words of wisdom of what I need to do to prevent her from taking them to anther state. She is a master manipulator that will tailor everything I say to make it sound like I'm the aggressor and mean person. I have dozens of nasty emails that demonstrate her intentions to remove me from the children's lives.

My lawyer says it will cost me about $5,000+ ($2,000 of it covered by a legal aid insurance I have) plus depositions, experts (such as social studies). I don't know if I will be able to get the money :(. I'm going to beg and try to borrow it, but things are hard right now considering I have my kids nearly 1/2 of the time and still pay her child support. Any help will be welcomed.
 


Proserpina

Senior Member
You have the kids EVERY weekend and one night per week?

Is that accurate?

If the answer is "yes", you have a better-than-good chance at stopping the children from being relocated.

With that said, what is Mom offering?
 

fatheroftwoboys

Junior Member
I do have extended visitations with the boys

Yes, you did hear me right. I have dinner with the kids every Thursday for 2 hours. I pick them up at 6 PM Fridays and deliver them to school/home Monday mornings. The only exceptions are the 4 major holidays (Easter, Thanksgiving, and 1/2 of Christmas break) where she may have them for an extended time on odd/even years; and the two 14 day uninterrupted period she (and I) are entitled for Summer Vacation.

I think she is just trying to intimidate me into signing off my rights, but I won't. I very much love my children and take good care of them. Besides, there is a law school here in town and at least 2 more within driving distance of the geographic restrictions set in the divorce.

Thanks for your feedback.... I'm just going through a vary unnerving period.
 

Proserpina

Senior Member
Yes, you did hear me right. I have dinner with the kids every Thursday for 2 hours. I pick them up at 6 PM Fridays and deliver them to school/home Monday mornings. The only exceptions are the 4 major holidays (Easter, Thanksgiving, and 1/2 of Christmas break) where she may have them for an extended time on odd/even years; and the two 14 day uninterrupted period she (and I) are entitled for Summer Vacation.

I think she is just trying to intimidate me into signing off my rights, but I won't. I very much love my children and take good care of them. Besides, there is a law school here in town and at least 2 more within driving distance of the geographic restrictions set in the divorce.

Thanks for your feedback.... I'm just going through a vary unnerving period.


You're a VERY active Dad. That is a wonderful thing.

Oh - there's several law schools LOCAL?! If all things are reasonable and fair, she should NOT be permitted to relocate the children. Out of interest, does she have any idea of the incredibly heavy demand on time that law school involves?

I'm thinking, at this point, that you may ALL be better off if you become primary while she's attending law school. Wherever it is.
 

LillianX

Senior Member
You're a VERY active Dad. That is a wonderful thing.

Oh - there's several law schools LOCAL?! If all things are reasonable and fair, she should NOT be permitted to relocate the children. Out of interest, does she have any idea of the incredibly heavy demand on time that law school involves?

I'm thinking, at this point, that you may ALL be better off if you become primary while she's attending law school. Wherever it is.

If she thinks she can move to a new place and start law school with a couple kids to take care of, bless her heart. I barely hung on through my final year, and I've got just the one, and a support network to help me out. Heavy demand on time doesn't even begin to cut it!
 

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