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  1. #11
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default 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!

  2. #12
    Join Date
    Feb 2011
    Posts
    576

    Default 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

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