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  1. #1
    Join Date
    Nov 2011
    Posts
    3

    Default Child Custody and Change of Venue

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

    I was divorced a few years ago, I did not read decree, and I was upset. My ex wife moved away with my child a year after the divorce so they have been gone for several years now. I was in an accident in 2007, since my accident I have only seen my child 3 times; I cannot travel due to complications from the accident. I do not have a positive relationship with her mother so nothing else has or can be worked out.

    I plan on filing for rights since I currently only have supervised visitation at this time; I'm positive will be contested. My main concern is the other parent filing for a CHANGE OF VENUE then what? I cannot travel; I do not know anyone in her current state and wanted to know if this can be stopped? Yes the child has been there several years and that is her home. I think she is doing well in her new state and with her mother and new step father but I also want time with my child, she's mine after all. I'm concerning with parental alienation as well...my child (she's 8) has made comments such as I wish you didn't ever drink when married and then we could see each other (I am completely sober now, 4 years), when I moved in with my now wife my daughter called hysterically asking why I am choosing my new wife over her and her mother: this because her mother attempted to reconcile over jealousy not sincerity and now I'm paying for this.

    Anyway, can someone please comment on what happens when venue changes and if it can be stopped and what happens if I don't know anyone in that new state, what happens since I can't travel?

    Thanks

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Child Custody and Change of Venue

    What is it you wish to accomplish?

    Are you trying to change the current order so that your daughter visits you in your state?

    That's not likely to happen if you've only seen her 3 times since 2007. You honestly do need to visit your child in Mom's community, and do so fairly regularly. The court isn't going to force an 8 year old to visit you in a different State until she's comfortable with you.

    An alternative would be to offer to pay for kiddo AND Mom (or someone else she feels comfortable with) to come to your State. Are you willing/able to do that?

  3. #3
    Join Date
    Nov 2011
    Posts
    3

    Default Re: Child Custody and Change of Venue

    I just want to see her. I want it to where when she visits my state we can have dinner alone. I want her to be able to spend the night at my home. If I visit her state, I’d like her to spend the day with me alone. I would love for her to visit my state alone.

    She and I talk on the phone once a week; she constantly tells me she wants to see me. We had spoken on the phone once and she asked me to “stand up to her mother” and also her words, that “she feels like her mother was trying to keep us apart”. She discussed this conversation with her mother and now our calls are supervised.

    She is very comfortable with me. Example, I had seen her when she was 5 in 2008 and when she came down in 2010, she ran right up to me and didn’t want leave my side.

    I would love to visit her community unfortunately, my body is not well enough to travel.

    I have offered to pay for child in past and my wife has offered her frequent flier miles to the mom and she didn’t go for that.
    She recently remarried and I thought she would ease up considering her attitude towards me worsened once” I entered a new relationship” but it’s almost as if she’s still holding on to that jealousy. It’s not a good situation.

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

    Default Re: Child Custody and Change of Venue

    Okay. Can you explain please why you have only supervised visitation?

  5. #5
    Join Date
    Nov 2011
    Posts
    3

    Default Re: Child Custody and Change of Venue

    I only have supervised visitation because I did not read my divorce decree; it was not something decided by the courts. I was very upset, she knew June was a bad month for me so I was pretty down (our twins passed away when we were married in June) she asked for me to please sign so that she could take care of our daughter's needs since we were splitting up and we were at different homes. I just signed, no attorney, no looking through the decree, I still loved her, and I still trusted her.

    I did email her once asking her why she wouldn't allow me time alone with our child. I told her why "I wouldn't let her go with someone" and that's TRUST. I told her her I had given her no reason not to trust me and her actions proved she trusted me:

    When she left the state, I began dating someone, I was having surgery and she said she wanted to care for me - she spent a week with me alone minus our daughter and then I wasn't dating anyone.

    All of 2008 I asked on a continued basis to bring our child down, she said no but once I told her early December I was dating someone and it was serious, she made her way down here at the end of that same month and then I wasn't dating anyone.

    I fell in love, and then all the updtaes and photos concerning our child stopped. My current wife is wonderful and I'm not syaing that because I'm married to her but when my child and her mother came down. It was a mess...my ex spouse acted strange talking about everything when we were married, my favorite foods, my favorite colors, things I use to do. My wife just shrugged off what in short was jealousy, my wife asked our child if she wanted a picture with her parents since those aren't easy memories to make. When my child tried to ask her permission for something, my wife always replied with "you should run that by your mother first"...my wife is all about the children and she co parents very well with her ex spouse to where he trust her enough to keep his newborn son. She's truly an angel, I know it sounds crazy but I think even my ex wife likes her.

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