relocation question for texas ..

[mistoffolees]

That's a bit more difficult to do when you have children to support. Making it on student loans is not impossible with children to support, but it would be difficult.

Then I guess Mom had better let Dad have custody since she'll be too busy to take care of the child(ren).

 

[michael_s_cott]

on a side note

ok so on a side note i had another question for opinion ..

so apparently my wife's lawyer told her chances are slim to nun that the court would allow her to move to lubbock. Which is good news for me, since HER lawyer is telling her that.

This brings up the question. How will she pay for this with no job ? Well what she is telling me is that her grandparents/mom is going to pay for her apartment and her day to day living for her while she is in school. Which i guess is good for her.

My question to you guys is, do courts care where the money is coming from ? Or as long as the person has money in the bank and can provide for the kid thats ok.

On one side there is myself who has been proving for mi daughter for the past 3 years at the same job. Taking my daughter to and from day care every single day and sharing the day to day duties of taking care of our daughter with mom split 50/50.

On the other side there is mom who has not worked in over 3 years and has been in school the past 18 months (part time). Who has shared at home day to day duties of taking care of our daughter but has not lifted a finger anything outside of the house.

The line on this case will probably be very thin on who gets possession....

 

[LdiJ]

ok so on a side note i had another question for opinion ..

so apparently my wife's lawyer told her chances are slim to nun that the court would allow her to move to lubbock. Which is good news for me, since HER lawyer is telling her that.

This brings up the question. How will she pay for this with no job ? Well what she is telling me is that her grandparents/mom is going to pay for her apartment and her day to day living for her while she is in school. Which i guess is good for her.

My question to you guys is, do courts care where the money is coming from ? Or as long as the person has money in the bank and can provide for the kid thats ok.

On one side there is myself who has been proving for mi daughter for the past 3 years at the same job. Taking my daughter to and from day care every single day and sharing the day to day duties of taking care of our daughter with mom split 50/50.

On the other side there is mom who has not worked in over 3 years and has been in school the past 18 months (part time). Who has shared at home day to day duties of taking care of our daughter but has not lifted a finger anything outside of the house.

The line on this case will probably be very thin on who gets possession....

Honestly a court CANNOT take a parent's financial situation into consideration as long as the child has a roof over their head, food in their belly and the basic necessities of life. Otherwise, poor people would not be allowed to have custody of their own children.

So, no, the courts don't care where the money is coming from.

 

[Halls]

Collin County can't prevent mom from moving. She can move wherever, however the child may or may not move put of the county she lives in and surrounding counties.

I live in Dallas County and have primary physical and joint legal custody of my son. I must remain in the county or surrounding counties I live in. Same move away policies are in family courts in Collin County, but it is no guarantee she won't be able to move with child. All family court judges around here have different policies. It just depends what your judges policy in his court will be.

Be prepared to accept you likely won't get 50/50 custody and that you will get visitation. I hope for the sake of the child the judge will order a moving restriction for the child as the child needs both parents. I would never move far away from my sons father. It's just bad. But it's not for certain you'll get lucky there.

Maybe you should consider counseling and try to work out the marriage again. I'd do anything to prevent potentially not seeing my child but through visitation weekends, etc.

Good luck!

 

[michael_s_cott]

response

I understand that the courts can not restrict the mom, only the child.

There is not enough counseling power in the world to help our marriage. Mom is schizophrenic/bi-polar/manic depressant and is off her meds because "it makes her fat".

Its probably going to come down to who has been the primary caregiver since the birth of the child. Which, will be a super close comparison, since mom and dad both do a great job.

I just hope that the court sees my dedication to my child the past 3 years and my ability to provide for the child better then mom at this point in life even if its just 3% better.

I understand a judge prob wont rule 50/50 right off the bat. Hopefully mom will do mediation and we can avoid court, but im not sure about that. At this point all she is doing is using our child as leverage against me. I am done being her meal ticket, she has had no responsibility the past 3 years. All she does is sit at home all day and do nothing while i work and child is in day care 5 days a week.

Hopefully my lawyer is better then hers ...

 

[LdiJ]

I understand that the courts can not restrict the mom, only the child.

There is not enough counseling power in the world to help our marriage. Mom is schizophrenic/bi-polar/manic depressant and is off her meds because "it makes her fat".

Its probably going to come down to who has been the primary caregiver since the birth of the child. Which, will be a super close comparison, since mom and dad both do a great job.

I just hope that the court sees my dedication to my child the past 3 years and my ability to provide for the child better then mom at this point in life even if its just 3% better.

I understand a judge prob wont rule 50/50 right off the bat. Hopefully mom will do mediation and we can avoid court, but im not sure about that. At this point all she is doing is using our child as leverage against me. I am done being her meal ticket, she has had no responsibility the past 3 years. All she does is sit at home all day and do nothing while i work and child is in day care 5 days a week.

Hopefully my lawyer is better then hers ...

Again dad, the court simply cannot take the bolded into consideration at all. It would be a constitutional rights violation. A court can only take that into consideration in cases where the child's basic needs cannot be met, not even by welfare.

 

[michael_s_cott]

well hopefully we can avoid court and come to a resolution in mediation !!!

 

[Halls]

Well good luck then. Come back and let us know how it all went. I think you might be in a rude awakening. Be prepared.

 

[michael_s_cott]

rude

a rude awakening ? what are you talking about ?

I know that it could go either way. And I am ready to accept it. We are both great parents, thats not the issue.

I wish there didn't have to be court at all, but mom is mad and she threatens to take the child away from me. So, we get to go to court. blah

 

[Halls]

I live in Dallas County. I know a lot of people including myself that has gone through family court in Dallas, Tarrant, Collin counties, etc... It's ugly and nobody wins!! I've seen dads get custody and I've seen dads like your story get a big whopping child support order and visitation only. So when I say rude awakening I mean be prepared to lose and lose big. You may not and hopefully your wife won't get to move away.

From my experience judges around don't even listen to all the nonsense and pretty much just issue standard with mom getting custody in most cases. The judge in my case was chatting with his law clerk while my case was being argued in front of the judge. Don't expect a judge to care two cents about you being the one to take your child and pick her up from day care. Just sayin.

 

[michael_s_cott]

response

@halls

I agree with you. Even my attorney says that judges look through all the bs and look at just the facts that they "need" to look at.

I am fully prepared to accept any judgement, I know in this case it could go either way. Judges are people to and the decision could be made based on what they saw on tv that morning, like what mood it put them in. I will just have to wait and see ...

I am confident that they will impose a county restriction (Collin) but I am not confident I will win POS. But whatever way is the outcome our daughter will still have a good home and great life. At least that will happen and thats all that really matters, this is not about mom or dad .. its about the child ... at least thats what it should be about ...

ok we have killed this thread about as much as we can .. i am gong to start a new thread about another subject .. thanks all who put there thoughts into this !!!