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CUSTODY: Moving in state with child

Posted by on Apr. 8, 2009 at 12:40 PM
  • 16 Replies
DH has custody with BM having EOWeekend. She asked SD if she would rather move to houston or stay in San Antonio. Supposedly SD told BM she would rather stay in San Antonio with DH. We know if/when we move (215 miles) BM is taking us to court. Will a judge change custody? BM has never been a part of SDs life ...all of a sudden she is. Going to soccer games, calling, wanting extra time...ect. We know its because she wants to look like a more involved parent. Dh isnt moving because he wants to. DH was asked to resign from his job because he made a major F up. He has a job lined up. But he is going from 50k a year to 10 a hour. BIG pay cut! If he gets offered a job with decent money in Houston , he has to take it. But he has apps out in San aNtonio and Houston.It just depends on what comes. SD is 9. DH has had custody since she was a little under 2. If he takes us to court whats the worse that can happen? Will the judge completly change custody and give it to BM? Or will he just say the child can not move? ********************************************************** okay so we were talking and DH thinks he can get a job in Austin. Then we would live in New Branfels/San Marcos which is 65/85 miles from BM. What do you think a judge would do with that? also in the temp orders it states DH has to meet BM half way for BMs Thursday dinner nights. Well DHs new/temp job he might be working nights. SO how would that work? Would it go back to BM having to pick her up if she wanted to? With DH only making 10 a hour we cant exactly just bring her to court right now to change that, But if he is working...hes working
by on Apr. 8, 2009 at 12:40 PM
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mommyof3-2008
by Silver Member on Apr. 8, 2009 at 12:41 PM
we have no issues meeting half way. We have lived in the same area for over 10 years. BM moved two counties away (30 min) about 2 years ago. BM wants us to do 100% of traveling. This is not a choice on moving. Its what we have to do to support out children. This is what the court order states. Him working in Austin would make us move less than 100 miles

This is what the CO says:

Each person who is a party to this order is ordered to notify each other party, the court, and the state case registry of -any change in the party's current residence address, mailing address, home telephone number, name of employer, address of employment, driver's license number, and work telephone number. The party is ordered to give notice of a intended change in any of the required information to each other party, the court, and the state case registry on or before the 60th day before the intended change. If the party does not know or could not have known of the change in sufficient time to provide 60-day notice, the party is ordered to give notice of the change on or before the fifth fay after the date that the party knows of the change.

It is ordered that CP, as a parent joint managing conservator, shall have the following rights and duty:
1. The exclusive right to designate the primary residence of the child without regard to geographic location

If CP and NCP live in the same county when this order was done and CP moves out of the county while NCP still live sin the same county then CP will pick child up from NCP residence.

Parent who reside More than 100 miles apart Except otherwise explicity provided in this standard prossession order, when NCP resides more than 100 miles from the residence of the child as follows:

1. Weekends - Unless NCP elects the alternative period of the weekend possession described in the next paragraph, NCP shall have the right to possession of the child on weekends begining at 6:00PM on the first, third , and fifth Friday of each month and ending at 6:00PM on the following Sunday. Except as otherwise explicity provided in this Standard Possession Order, If such a weekend period of possession by NCP begins on a Friday that is a school holiday during the regular school term or a federal state, or local holiday during the summer months when school is not in session , or if the period ends on or is immediatly followed by a Monday that is such a holiday, that weekend period of possession shall begin at 6:00PM on the Thursday immeddiaetly preceding the Friday holiday or school holiday or end at 6:00PM on that monday holiday or school holiday, as applicable. Alternate Weekend Possession- In lieu of the weekend possession described in the foregoing paragraph , NCP shall have the right to possession of the child not more than one weekend per month of NCP choice begining at 6:00 PM on the day school recesses for the weekend and ending at 6:00 PM on the day before school resumes after the weekend. Except as otherwise explicity provided in this Standard Possession order, if Such a weekend period of possession by NCP begins on a Friday that is a school holiday during the regular school term or a federal , state, or local holiday during the summer months when school is not in session, or if the period ends on or is immediately folllowed by a MOnday that is such a holiday, that weekend period of possession shall begin at 6:00PM on the Thursday immediately preceding the Friday holiday or school holiday or end at 6:00 PM on that Monday holiday or school holiday as applicable. NCP may elect an option for this alternative period of weekend possession by giving written notice to CP within 90 days after the partys begin to reside more that 100 miles apart. If NCP makes this election , NCP shall give CP fourteen days written or telephonic notice proceding a designated weekend. The weekends chosen shall not conflict with the provisions regaurding Christmas , Thanksgiving, the Childs birthday,Mothers Day weekend , and fathers day weekend below.
Seans_mommy123
by Silver Member on Apr. 8, 2009 at 1:09 PM

From what you put down from the custody agreement you can move no problems. Your DH is the custodial parent correct? The first item addresses that issue.

mommyof3-2008
by Silver Member on Apr. 8, 2009 at 1:19 PM
Yes DH is custodial.
Seans_mommy123
by Silver Member on Apr. 8, 2009 at 1:21 PM

So since your DH is custodial and if i'm interpreting it correctly.... DH can live where ever he wants to live because it states: 1. The exclusive right to designate the primary residence of the child without regard to geographic location

mommyof3-2008
by Silver Member on Apr. 8, 2009 at 1:22 PM
our issue is BM wants DH to do 100% of travel. He is offering 50/50. He just got a call for a interview on the otherside of town. So it would still be a 1 hour drive for her if we moved int eh same town closer to DHs "new job". If that happens it will not be 50/50
Seans_mommy123
by Silver Member on Apr. 8, 2009 at 1:23 PM

What is the current pick up and drop off situation now?

Sirenabella
by on Apr. 8, 2009 at 1:26 PM

It depends on exactly what is written in the custody agreement. For instance mine says only that I have to give my ex 30 days notice if I intend to move out of state. Anything in state I could just move and he has no say about it. However, he could try to sue for custody at anytime and a judge would have to determine what is best for the child.

mommyof3-2008
by Silver Member on Apr. 8, 2009 at 1:32 PM
Quoting Seans_mommy123:

What is the current pick up and drop off situation now?




Mom has 1,3,5 weekend of every month. She picks up and drops of at our home. She gets Thursday night dinners during the school week which she just started doing after 4 years of not. DH has to meet her half way for those. 30 days in summer. Alternating Holidays
mommyof3-2008
by Silver Member on Apr. 8, 2009 at 1:46 PM
Also, what do you think a judge will say if she brings this to court?
darcibeisheim
by Silver Member on Apr. 8, 2009 at 2:12 PM

Just make sure everything is lined up before you move. Give the court and BM as much written notice as you can. What I interept from your CO, DH would be responsible for picking child up at her mom's house, but it doesn't say anything about who provides transportation the other way. I'd call a lawyer or maybe even the court to clarify that if you need to.  I have noticed when it comes to child custody and visitation, that every state, county, and judge does it differently. As far as her getting custody, you never know. My step son's ex girlfriend admitted to the court that she tied up her 4 year old daughter with zip ties. The same court gave her custody back a few months later--stating it was in the best interest of the children as their father (my stepson) worked second shift, so the kids spent the evening at home with his girlfriend.

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