Proserpina
Senior Member
What is the name of your state (only U.S. law)? FL/OR.
Please have your husband read this post because believe it or not, I don't want you screwing up his chances any more than you're about to do, and maybe you'll learn something.
You quoted Texas law - not applicable. Completely irrelevant. So that was a waste of a post.
You also don't understand what is meant by status quo; you posted from a website definition relating to a court order and this does NOT apply in your husband's situation.
Status quo, in the context to which I was referring, pertains to "the situation as it stands". In other words, Mom currently is the ONLY custodial parent. She is the ONLY parent with custodial rights. Dad has NO custodial rights as of this time. And if Dad wants to change that, he needs to go to court.
He wants primary custody? He's asking for the child to be relocated out of State. That's a huge point against him. He's also asking that the court remove the child from the parent who holds status quo. MAJOR point against him. To remove the child from everything he's familiar with, in order to go and live with a parent who by your own words has had little contact during the past 3 years. Not. Going. To. Happen.
Why would that be in the CHILD'S best interest?
Mom has broken NO laws whatsoever. She has broken NO court orders, and frankly it has been up to Dad to file for visitation before now. That he hasn't might actually be yet another point against him.
There is also no proof that she's unfit. If she IS unfit - and that's the court's determination, not yours - then Dad might have something.
Dad's recourse - once again - is to file in Mom's community for a legally enforceable visitation plan.
Over and out.
Please have your husband read this post because believe it or not, I don't want you screwing up his chances any more than you're about to do, and maybe you'll learn something.
You quoted Texas law - not applicable. Completely irrelevant. So that was a waste of a post.
You also don't understand what is meant by status quo; you posted from a website definition relating to a court order and this does NOT apply in your husband's situation.
Status quo, in the context to which I was referring, pertains to "the situation as it stands". In other words, Mom currently is the ONLY custodial parent. She is the ONLY parent with custodial rights. Dad has NO custodial rights as of this time. And if Dad wants to change that, he needs to go to court.
He wants primary custody? He's asking for the child to be relocated out of State. That's a huge point against him. He's also asking that the court remove the child from the parent who holds status quo. MAJOR point against him. To remove the child from everything he's familiar with, in order to go and live with a parent who by your own words has had little contact during the past 3 years. Not. Going. To. Happen.
Why would that be in the CHILD'S best interest?
Mom has broken NO laws whatsoever. She has broken NO court orders, and frankly it has been up to Dad to file for visitation before now. That he hasn't might actually be yet another point against him.
There is also no proof that she's unfit. If she IS unfit - and that's the court's determination, not yours - then Dad might have something.
Dad's recourse - once again - is to file in Mom's community for a legally enforceable visitation plan.
Over and out.