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  1. #1

    Default Modification with Children Moving to Another State

    My question involves a child custody case from the State of: Texas

    I am the custodial parent in Texas. The childrens mother lives in Missouri. I, for job reasons, and other reasons (nothing legal) I am thinking about having the children live with their mother..... Right now, I have exclusive education, medical and residence.

    I will pay the child support to their mother and have the children live with her.

    We agreed to what will change/remain the same - in the final decree.

    I would like to do this without paying an attorney.

    Questions:

    1. Can I still have the divorce juristiction in Texas or will it have to move to Missouri since children will be there? Which court will handle future cases?
    2. What form do I fill out to have this modifications?
    3. I also need to take one person off the permanent injuction list against her - does that go in the same modification?
    4. I would like for it to state that Texas still has juristication of children even though they will reside in Missouri (have stipulation that children can be brought back to Texas)
    5. If we both agree and I file with court - do we need a court date and does she need to be here?
    6. If the children go to Missouri will I lose exclusive education, medical and residence?

    Thanks

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: Modification with Children

    1. Yes, Texas can retain jurisdiction as long as you live there. However Mom could try to get it changed - she might succeed, she might not.

    2. I'm sorry, but if you can't find the forms yourself you're going to need an attorney.

    3. Which person, and why? Why were they on the list to begin with? What changed?

    4. Okay. But again, Mom might be able to change jurisdiction if she has custody.

    5. Not necessarily - check with the court.

    6. Please clarify your question.

    You're welcome.

  3. #3

    Default Re: Modification with Children

    Thank you for your quick reply:
    I think you answered my other post. I added this post since it was different from the other (didn't think I should ask more questions when it didn't pertain to the other one). I hope I was correct.

    1. Yes, Texas can retain jurisdiction as long as you live there. However Mom could try to get it changed - she might succeed, she might not.
    She will have to file with the county court to fight juristicion correct?

    2. I'm sorry, but if you can't find the forms yourself you're going to need an attorney.

    3. Which person, and why? Why were they on the list to begin with? What changed?
    There is a person on the injunction list that is not a threat to the children. She probably shouldn't of been on it the first time, however, she was placed anyway. I do not feel she is a threat and my children are safe with her. The other people on the injunction list are drug addicts and will remain.


    4. Okay. But again, Mom might be able to change jurisdiction if she has custody.
    Thank you - I would like to have all rights still. But living arrangments.


    5. Not necessarily - check with the court.
    Thank you I will.


    6. Please clarify your question.
    Right now, I have exlusive rights to education, medical and residence. Ex wife cannot have them in any medical treatments (unless emergency) without my approval. For education - I can determine their education without her approval and for residence - I have the right to move anywhere in the US with kids, but have to give her 60 day notice. There are no juristications to my move (Kids are not obligated to stay in Dallas County if I wanted to move, however, she cannot take them from Dallas County on her weekend visits when she travels here)

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Modification with Children

    If Mom has physical custody, you are telling the court that she's absolutely fit to take care of the kids full time - and hence she has a fantastic chance of getting joint legal custody.

    If you don't want that, you need to rethink your plan.

    And honestly Dad - what you're asking is actually unfair. You want to send the kids to live with Mom...but don't want to give up legal custody?

    Why is that?

  5. #5

    Default Re: Modification with Children

    Right now, I have exlusive rights to education, medical and residence. Ex wife cannot have them in any medical treatments (unless emergency) without my approval. For education - I can determine their education without her approval and for residence - I have the right to move anywhere in the US with kids, but have to give her 60 day notice.
    If you find her fit to send the children to live with, you can reasonably expect mom to ask for, and GET, to be the one to take over all of those positions as the new custodial parent. In other words, no, the court isn't likely to allow you to outrank mom and reign from afar if the kids are living with her.

  6. #6

    Default Re: Modification with Children

    This is where I am getting confused. If I have exclusive rights to residency, that only means I have rights if I live with them? I was told when we first divorced that exclusive rights mean I can determine where my children live. If thats the case, why would I lose everything if they live with her for now?

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