Moving with child.

[gtzdad]

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

I posted some time ago about moving with my daughter, possibly out of state, but I know for a fact that I will be moving.

Right now, my ex has not been very involved at all, in fact so far this year she has only picked our daughter up once, and that was in February. Prior to that, she had been very sporatic with getting her on her parenting time.

I've encouraged her to spend time with her as often as she can, but what pissed me off the most was that when our daughter started playing soccer, she would come to the games the weekends she's supposed to have her with her nephew that she was babysitting. She would decline to take our daughter with her for even a couple hours. She claimed previsously she didn't have time, and I made every concession conceivable to try and get her to spend time with our daughter but she always declined.

The icing on the cake for me was a reply to an email I sent about Mother's Day concerning our daughter. The students are giving Mom's breakfast and makeover's and I asked if she would attend, and if she couldn't would she in the least pick our daughter up this coming weekend to be with her, she said no.

It hurts to keep trying to shield my daughter from all this mess. Her mom has simply shunned her away, and seemingly is unconcerned about her. She doesn't communicate with me at all. She hasn't provided me with contact information, so all I have to rely on is email.

Now that I have this job offer and am going to have to move, I have this geographical restriction limiting me to Galveston and continguous counties. I've emailed her numerous occassions and she she's ignored them. I think it's just a matter of her having "power" over me because she has to grant me permission or I'll have to take the hard road and go through court to have permission granted.

I have at least 5 emails with my notifying her when I applied for the job, each stage that I passed, and finally to the job offer. It's been an entire year that she's been aware of it, so it's not like I'm springing it on her. Although I have emails, are the other stpes that I need to take in order to get ready for this battle, such as sending certified letters and so forth?

 

[MominCarolina]

Word for word what does your decree say about Galveston and continguous counties?

 

[gtzdad]

Word for word what does your decree say about Galveston and continguous counties?

Sorry about the slow response. It reads as follows:

It is ORDERED that the primary residence of the child shall be Galveston County, Texas or any county contiguous to Galveston County, Texas and the parties shall not remove the child from Galveston County, Texas or any county contiguous to Galveston County, Texas for the purpose of changing the primary residence of the child until modified by further order of the court of continuing juridiction or by written agreement signed by the parties and filed with the court.

 

[CJane]

Sorry about the slow response. It reads as follows:

It is ORDERED that the primary residence of the child shall be Galveston County, Texas or any county contiguous to Galveston County, Texas and the parties shall not remove the child from Galveston County, Texas or any county contiguous to Galveston County, Texas for the purpose of changing the primary residence of the child until modified by further order of the court of continuing juridiction or by written agreement signed by the parties and filed with the court.

Well, given that verbage, I think it's clear that if you can't get Mom to sign off on an agreement, that you need to file in court. Probably sooner rather than later since you'll have to have mom properly served and you claim not to know where she is. It could easily take a year to get this through court.

 

[txmom512]

I can't imagine anyone, though, having a problem with you having to move out of the Galveston area to find a job - considering the area since the hurricane... It's going to take a long time for that area to recover...

 

[gtzdad]

Well, given that verbage, I think it's clear that if you can't get Mom to sign off on an agreement, that you need to file in court. Probably sooner rather than later since you'll have to have mom properly served and you claim not to know where she is. It could easily take a year to get this through court.

The last place of residence she was that I know for sure is her Mom's house. She has since changed phone numbers and moved, and won't tell me anything. I haven't pursued that because she hasn't been coming to get our daughter, so it's pointless to me in a sense. So I guess I'd have to try and serve her there, or hire a PI, but I'm trying to keep costs at a minimum right now.

Right now, I haven't been assigned to a duty station, I just received my 60 day letter which pretty much means within 60 days I'll be contacted by either phone or Fedex delivery with all the pertinent information regarding my duty station and entry date. From what HR told me, they usually give you anywhere from 10-14 days to report to the academy once you receive the call or the package.

My problem (at least I think it's a problem) is that I don't know where I'm going for sure right now, and by the time I find out, it'll be no time for me to commence a suit. Am I accurate in my thinking, or can I go ahead and start the suit without knowing, and just ask the restriction be removed alltogether?

 

[CJane]

can I go ahead and start the suit without knowing, and just ask the restriction be removed alltogether?

That's certainly what I would do.

 

[gtzdad]

That's certainly what I would do.

Okay, thanks CJANE. Do you believe with my limited experience and the things I've stated here, which are all capable of beign corroborated through evidence that I could do it myself without an attorney and succeed?

 

[CJane]

Okay, thanks CJANE. Do you believe with my limited experience and the things I've stated here, which are all capable of beign corroborated through evidence that I could do it myself without an attorney and succeed?

Given Mom's lack of involvement, the economy and the general state of Galveston post-hurricane?

Absolutely. But you MUST still do things 100% properly.

 

[Ohiogal]

The last place of residence she was that I know for sure is her Mom's house. She has since changed phone numbers and moved, and won't tell me anything. I haven't pursued that because she hasn't been coming to get our daughter, so it's pointless to me in a sense. So I guess I'd have to try and serve her there, or hire a PI, but I'm trying to keep costs at a minimum right now.

Right now, I haven't been assigned to a duty station, I just received my 60 day letter which pretty much means within 60 days I'll be contacted by either phone or Fedex delivery with all the pertinent information regarding my duty station and entry date. From what HR told me, they usually give you anywhere from 10-14 days to report to the academy once you receive the call or the package.

My problem (at least I think it's a problem) is that I don't know where I'm going for sure right now, and by the time I find out, it'll be no time for me to commence a suit. Am I accurate in my thinking, or can I go ahead and start the suit without knowing, and just ask the restriction be removed alltogether?

Serve her at her last known address. Which would be her mother's house.

 

[gtzdad]

Thanks OG and Cjane! I'm going to start preparing the Motion to Modify. I only took the Family Law class, so the Rules of Civil Procedure aren't going to be easy for me. I remember hearing that you can pay an attorney to assist you in representing yourself but there was more formal name for it I think. Is that true, and if so, what do they call that??