Out of State with CHIldren

[anastashia]

What is the name of your state? Texas

Is one parent allowed to take children out of state for visiting relatives/friends whether its on their time or the other parents? If an opposing parent does not want the children taken out of state what can they do? The order does not state any out state visiting or moves?


Thanks for the help.

 

[CourtClerk]

If nothing is stated about removing the children from the state/county in the court order, then one parent probably doesn't need permission from the other parent to remove the child(ren), however, it would be nice, because I bet you dollars to donuts that if the tables were turned, the other party wouldn't like it too much.

With all that being said... one parent does NOT have the right to infringe on the other parent's parenting time. So take the kids if you want, but have them back on time.

 

[anastashia]

Well the other parent picks them up from me and they plan on leaving the day visiatation begins. They do as they please whether I like it or not. If they refuse this would be their 9 or 10th contempt of court. I would not be surprised if they did and whats worse is its to visit MY mother whom could care less if I see my children and its the weekend before their birthday and I planned to have their party that weekend seeing as how it would not be my visitation the weekend follwoing their b-day.

 

[Ohiogal]

If it is your time with the children why do you let the children go? It is NOT contempt if they pick the children up from you on your time and you let the children go.

 

[anastashia]

OhioGal, The other parent is planning to leave the day I go To Pick Up the children (the 17th), not when they pick them up which one weekend they never did. So I would be refused my 3 days. I pick them up every Thursday and that is the the day the flight is. I honestly do not want the children around my mother Nor the other parents' mother. Both are alchoholics and legal and illegal drug abusers. My mother also lost custody of my sister & I and our relationship has tarnished due to her partying and all the men in her life due to her ill will to my dad and step-mom. She is not a positive person and I do not approve of her lifestyle which will kill her in less than 5 years im sure.

 

[Ohiogal]

OhioGal, The other parent is planning to leave the day I go To Pick Up the children (the 17th), not when they pick them up which one weekend they never did. So I would be refused my 3 days. I pick them up every Thursday and that is the the day the flight is. I honestly do not want the children around my mother Nor the other parents' mother. Both are alchoholics and legal and illegal drug abusers. My mother also lost custody of my sister & I and our relationship has tarnished due to her partying and all the men in her life due to her ill will to my dad and step-mom. She is not a positive person and I do not approve of her lifestyle which will kill her in less than 5 years im sure.

OKay I misunderstood. That would be contempt. So when you going to take him to court on the other contempts? Also you can't control him taking the children to see their grandmothers. You also cannot likely file an injunction preventing the trip.

 

[stealth2]

OhioGal, The other parent is planning to leave the day I go To Pick Up the children (the 17th), not when they pick them up which one weekend they never did. So I would be refused my 3 days. I pick them up every Thursday and that is the the day the flight is.

Then that would be contempt (assuming your time is specified in the court order) and you could file against the other parent.

I honestly do not want the children around my mother Nor the other parents' mother. Both are alchoholics and legal and illegal drug abusers. My mother also lost custody of my sister & I and our relationship has tarnished due to her partying and all the men in her life due to her ill will to my dad and step-mom. She is not a positive person and I do not approve of her lifestyle which will kill her in less than 5 years im sure.

Well.... you don't get to dictate who the other parent allows the children to spend time with unless you are able to adequately prove to a court that those people present a danger to the children. Your ex is allowed to bring your kids around his/her parents, your parents, the town harlot, etc.

 

[anastashia]

I understand they can them around whoever as I can on our own time, but to go to another state on my time to my objection and not knowing if they could was bothersome.

My mother never had custody of me or my sister due to her partying, etc. My ex's mother is abusive and has been arrested for assault. She also beat my ex & siblings to the point my mother would take my ex out of state to me. Then ex's mom threatened to kill my mother.
CPS removed the youngest who were not old enough to leave the home. My ex's mother has numerous boyfriends around my daughters whom Ive been told by one of my ex's sister hit my ex while holding one of the children.
When they lived in the town I live in now my ex's mother had a boyfriend who raped my ex's eldest sister and was known to molest some siblings and as I know that among the abuse is why they were removed from my ex's mother.
My ex is currently back in mothers home and the drama never ends there. One of our children at 24 months is saying "oh F**K" & "oh sh*t" and is seemingly agressive to her sister who is her twin but smaller than her. I know where they get this from but I know if I say anything sometime my ex will come back to place blame on me for this.
I do feel I will take my ex back to court as I save up the money and do ask that my mother or my ex's are not unsupervised around my children as well as more time or as primary parent.

I am upset that my ex does as they please with no regard to my objection or without respect to my time with our children. I have never missed a visit. Im there every week with the name calling ,the crap that I hear from my ex and their mother and sister and boyfriends'.

 

[anastashia]

OKay I misunderstood. That would be contempt. So when you going to take him to court on the other contempts? Also you can't control him taking the children to see their grandmothers. You also cannot likely file an injunction preventing the trip.

Can I file an injunction due to the fact its my time they are trying use or maybe a temporary or permanent injunction againt my mother??

 

[StampGirl]

Can I file an injunction due to the fact its my time they are trying use or maybe a temporary or permanent injunction againt my mother??

You can't get anything to prevent her from taking the kids wherever she wishes on HER time. Just like she can't do the same to you.

The contempt issue is when its your weekend and you go to pick them up and they are not there. Call the police and document you were at the place of exchange at the correct time and she didn't have the kids there.

Then you have to file contempt charges in court. You can't do anything to prevent them from going right now. You can only show up and if she isn't there, then file the contempt.

 

[Ohiogal]

IF you can PROVE that your MOTHER is a direct danger to YOUR children then you -- if you have joint legal custody -- can file for a restraining order against your mother on behalf of your children. Can you PROVE that?

 

[fairisfair]

I understand they can them around whoever as I can on our own time, but to go to another state on my time to my objection and not knowing if they could was bothersome.

My mother never had custody of me or my sister due to her partying, etc. My ex's mother is abusive and has been arrested for assault. She also beat my ex & siblings to the point my mother would take my ex out of state to me. Then ex's mom threatened to kill my mother.
CPS removed the youngest who were not old enough to leave the home. My ex's mother has numerous boyfriends around my daughters whom Ive been told by one of my ex's sister hit my ex while holding one of the children.
When they lived in the town I live in now my ex's mother had a boyfriend who raped my ex's eldest sister and was known to molest some siblings and as I know that among the abuse is why they were removed from my ex's mother.
My ex is currently back in mothers home and the drama never ends there. One of our children at 24 months is saying "oh F**K" & "oh sh*t" and is seemingly agressive to her sister who is her twin but smaller than her. I know where they get this from but I know if I say anything sometime my ex will come back to place blame on me for this.
I do feel I will take my ex back to court as I save up the money and do ask that my mother or my ex's are not unsupervised around my children as well as more time or as primary parent.

I am upset that my ex does as they please with no regard to my objection or without respect to my time with our children. I have never missed a visit. Im there every week with the name calling ,the crap that I hear from my ex and their mother and sister and boyfriends'.

wow. . . . just wow.

 

[Zephyr]

Jerry Springer on line one for you....

 

[anastashia]

Jerry Springer on line one for you....

wanna know the funny my ex watches that show religiously. I find it a circus myself and I feel like if i wasnt trying to protect my ex from that lifestyle when we were together why couldnt i see that my ex & family would ruin my life and my childrens... AHHH I have nothing to do with my mother. AT all. My real family is my dad and stepmom who are catholics and raised me thankfully and didnt let my mother do it. I do not engage in my exs remarks and I document everything. Every refusal every remarks and conflicts my ex and family try to start around my children. I wanted so badly to say something, but I am the only person who wants to sheild them from this disgusting behavior.

 

[anastashia]

IF you can PROVE that your MOTHER is a direct danger to YOUR children then you -- if you have joint legal custody -- can file for a restraining order against your mother on behalf of your children. Can you PROVE that?

well she had had numerous accidents due to her RX pills which is alot. I think she uses two types of morphene. Pain pills, she smokes pot, & is always drunk. I am scared that she will put them in the car with her. My ex does not have one and I know my mother will be driving. Not only this Im sure I can pull up documents. She hit a cop earlier this year in Dallas. She is never not on something. She never will be sober. I can prove she is a drunk and abuses pills and she is unable to operate a car at all. Also she has caught herself on fire because she is always hopped up she passes out smoking. Ive seen it twice. Im not sure what I could say to a judge. My ex does not know her like me.