Move out of State

[vgregdoug]

I am trying to move closer to family, both mine and my ex's, Texas currently. My ex sees our two boys "when he is legally obligated" (his words not mine.). We've been divorced for 6 years and he continues to make our life a living hell. The boys are both afraid of him. We sat down to try to work this out amicably and he wasn't willing to bend at all. He had me served with papers to not only keep me here in Texas, but to get permanent custody of the boys.

I am a very involved mother, I am the one who goes on the Boy and Cub Scout campouts. He hasn't participated at all in Scouts and only comes to our younger son's baseball games.

Any advice?

 

[ktarra617]

ok I know for a fact that in Texas for him to take custody away from you he must prove you unfit. It's that way in most states. Since the boys have lived with you for the past 6 years it will be hard for him to get custody. Judges don't like disrupting the pattern of children's lives. If there is no reason to remove them, ie: your unfit or a danger to them then there is little chance the judge would give him custody. As for limiting you to Texas, if he's going for custody why should he care about limiting you to Texas. Is he limiting you or the children? It does make a difference.

If he can prove he's going to be involved and has been doing everything he's supossed to do then he very well could get the restriction put in that the children cannot leave the state. If he does then I hate to say it but that's it. If you leave then the kids have to stay. Best thing to do is get a lawyer.

BTW, as for "when legally obligated" comment. His visitation that is spelled out is a minimum for him to get should you two not be in agreement. Should he choose not to take his visitation there is no penalty for him other than missing the time with his kids. He is not obligated to take them. He has a right to see them but he can't be forced to see them.

Good Luck.