Moving

[CJane]

My husband decree states as follows:
"Custodial parent has the exclusive right to designate the primary residence of the child without regard to geogrphic location"

I spoke with a lawyer and she stated that since it does say this and the non custodial parent did move out of the county that the custodial parent can move where ever he wants and does not have to worry about counties since it does not say he has to stay in or around the current county. Also she stated that since the non custodial parent moved out side the county first that she would be responsible for pick up and drop off. We of corse would offer 50/5o. Is this true?

While Dad DOES have the right to determine residence, that does NOT mean that Mom does not have the RIGHT to challenge the relocation.

If/when Mom does challenge the relocation, Dad is going to have to prove to the court that the move is going to be so beneficial to the child that leaving her family behind will be 'ok'.

And no, it is NOT likely that Mom will be required to provide/pay for transportation. It's not even likely she'd be ordered to pay 50/50.

 

[Ronin]

The decree states that if mom moves first out of county she will be responsible for pickup/dropoff, which is reasonable. However, you wish to use this clause to force mom to be responsible for travel if dad later moves child clear across the country. This is clearly not the intent of the court.

The mother is entitled to file for modification under Chapter 156 of the Texas Family Code, given the significant change in circumstances proposed. The court will then make any changes to the original orders that it deems in the best interests of the child, including modifying the original geographic restriction or determining who pays travel costs.

 

[LdiJ]

My husband decree states as follows:
"Custodial parent has the exclusive right to designate the primary residence of the child without regard to geogrphic location"

I spoke with a lawyer and she stated that since it does say this and the non custodial parent did move out of the county that the custodial parent can move where ever he wants and does not have to worry about counties since it does not say he has to stay in or around the current county. Also she stated that since the non custodial parent moved out side the county first that she would be responsible for pick up and drop off. We of corse would offer 50/5o. Is this true?

I honestly disagree with what the attorney told you. I do think that its possible that you can move without prior court permission, based on the wording of the order, but I can guarantee that you will end up in court over this, and the odds of the judge requiring mom to provide ANY of the transportation is quite slim. Mom created just a 25 mile distance...that's not going to translate into dad being able to create a thousand plus miles distance and socking mom with part of the cost.

 

[nextwife]

I sure hope you've clearly considered how much more money you will need to even live as well as you do now in NY, much less IMPROVING your standard of living. Hubby and I turned down a NY job offer because we calculated that unless he is making $200,000 MORE, the move is not worth it.