-
Moving for a Job
My question involves a child custody case from the State of: Texas
I have received a job offer with my company that offers a significant raise but would require me to locate out of state. The drive time is approx 10 hours. My child has never lived with her father and has only gone for visitation every other weekend. He refused to take her for extensions because he did not want to have to pay daycare. Our court order did not have a residency restriction either.
I gave him notice and he immediately filed a order to add the restriction. I did attempt to talk to him before officially notifying him and he got verbally and physically abusive to where I filed assault charges on him. I have retained an attorney. I also witnessed him driving down my street on Friday when he lives over 30 miles away.
I have an atty and we have court date set for next month. What are the odds the courts will approve the move? Is 50 days of visitation a year enough for the court to block me from moving? He has never been to a doctor or teacher conference and refuses to make an effort to contact the school on his own to be setup to receive notifications. I am willing to offer whatever is needed to get this approved. My position will be eliminated in the next 6 - 12 months and it would be difficult for me to find a position that offers the flexibility I have now (work from home / flexible hours.)
-
Re: Move Away
Nobody here can possibly guess how your judge is going to rule.
However, if Dad has a consistent relationship with your mutual child, he does stand a good chance of blocking the relocation of the child.
YOU can move. The child? Not so much.
So what's your attorney saying about it?
-
Re: Move Away
Same thing pretty much. So, even though child has NEVER lived with Dad and has only visited for about 50 days a year they would force me to stay? Child living with Dad full time is not an option. She is intimidated by his temper. If they block, I will stay and just move as far as allowed to stop some of the stalking behaviors that are going on now.
-
Re: Move Away
If you have the standard Texas order, you're going to find yourself gravely disappointed.
So. How old is kiddo? How many CONVICTIONS does Dad have? And for what? You filed assault charges - what actually happened? Was the child present?
-
Re: Move Away
You need a different attorney. The courts are generally completely UNforgiving for moving without permission. The "determine residency" thing generally does NOT apply to moving out of state unless it's specified.
But please answer...how old is the child?
What are you willing to offer Dad with regards to visitation? Are you prepared to lose most of the holidays? Are you going to be able to pay for all transportation?
-
Re: Move Away
-
Re: Move Away
Yes, that's the thing though - you might not have a job, but is that more important than Dad's relationship with your mutual child?
Mom, I really do get your concerns. I honestly do. But are you seriously suggesting that you can't find a job in Texas? Some of your posts are almost suggesting that you just want to move as far away from Dad as you can - and the court just isn't going to go with that. Y'know?
-
Re: Move Away
-
Re: Move Away
I think you're going to have a huge battle on your hands.
You really need to be speaking to your attorney though.
-
Re: Move Away
I will. Thank you for the replies.
-
Re: Move Away
You're welcome, hon. And please - try to let this go over the holidays. Relax for now. Whether or not you'll be able to relocate with kiddo, we can't say. I think you have a fight on your hands, but your attorney knows your local climate. Don't sweat it right now though. Let it go and enjoy yourself :)
Happy Holidays!
-
Re: Move Away
Is the father represented by an attorney?
Texas case law is not necessarily pro or anti relocation. It just depends upon the facts of each case, and often more importantly, the inclination of the judge assigned to the case.
The extent to which dad exercised his available visitation will carry some weight in the decision on whether or not to allow relocation. As will be dad's involvement in the child's school activities and such. If he willingly fell short on either of these, be prepared to show that.
If it is in the best interests of the child you be the custodial parent, that will not necessarily change just because you need to relocate. It is rarely as simple as a judge saying you can go and leave the child with the other parent. But you meet the relocation imperatives set forth by the Texas Supreme Court in Lenz v Lenz, and ensure this is not seen as a bad faith move on your part. But all this is what you are paying your attorney to argue.
The court should not expect you to concede anything more than what the Texas Standard Possession Order allows for on long distance visitation. If you are allowed to relocate, the court may order the costs of travel to be split.
http://www.utcle.org/eLibrary/previe..._file_id=19176
If at some point prior to trial you get any indication the judge will be inclined to rule against relocation, and you really need to relocate, you do have the option to invoke your right to ask a jury to decide relocation instead of the judge