Moving for a Job

[mommyoftwo11]

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.)

[Dogmatique]

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?

[mommyoftwo11]

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.

[Dogmatique]

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?

[Dogmatique]

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?

[mommyoftwo11]

..........

[Dogmatique]

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?

[mommyoftwo11]

..........

[Dogmatique]

I think you're going to have a huge battle on your hands.

You really need to be speaking to your attorney though.

[mommyoftwo11]

I will. Thank you for the replies.