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Tx/Mom..child custody

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mhstephens5

Guest
A question from Texas. I am the custodial parent. My child is 13 years old. The child's father is taking a job and relocating to Canada. He wants to take my child with him to live. The child wants to go and live with him. What are my parental rights and can I stop my child from moving with the father. Signed Texas Mom.
 


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LadyBlu

Guest
mhstephens5 said:
A question from Texas. I am the custodial parent. My child is 13 years old. The child's father is taking a job and relocating to Canada. He wants to take my child with him to live. The child wants to go and live with him. What are my parental rights and can I stop my child from moving with the father. Signed Texas Mom.
The father would need to petition the court for change of custody. When and if he does the courts will talk to the child to see if the child is mature enough to make a decision like that. If you are against the child going to Canada, as obviously most parents would be against their child being removed from their custody and moved to another country, you should start gathering all evidence that would help you in the court fight. Such as visitations if exercised or not, so forth and so on..
Also, you may want to try to mediate this before it gets into a full blown custody battle, try to work out an agreement whereas the father would get full summer visitation, that is approx 3mos, and Spring Break, and Every other Christmas for the full 2weeks, every other Christmas for 1 week. He should also be responsible for at LEAST 1/2 the cost of transportation. You can use that as a bargaining chip, agree to pay 1/2 the expense or if he insists on fighting it you will petition the court for him to pay the full amount and only give him Christmas every other year..
 

LegalBeagle

Senior Member
mhstephens5 said:
A question from Texas. I am the custodial parent. My child is 13 years old. The child's father is taking a job and relocating to Canada. He wants to take my child with him to live. The child wants to go and live with him. What are my parental rights and can I stop my child from moving with the father. Signed Texas Mom.
Yes you can stop it if you have physical custody. Whilst a judge may listen to a 13 year old, they generally do not change custody if it means the child will be taken out of the US jurisdiction. If you did allow the move, any agreement that you draw up, he can throw out the window and you will have a hard time enforcing it.

Contrary to what people think, Canada is a different country and getting to it involves an international border.

 

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