My divorce will be final in September. I am here with no family or friends, and it seems clear to me that I will be stuck here by means of a permanent geographical restriction when the divorce is final, something they like to do in Texas, seemingly. How can they force a struggling single mom to stay in the county when her family and support system is in another state? What can I do to avoid it? It would be damaging to my survival to be forced to stay here. Yes, I have a lawyer, and I have not heard anything yet that I've wanted to hear. There must be a way. Note: Our child is 3 years old and father lives here, my entire network of family is in California, where I can also live with my mom for free and raise my daughter in a loving environment.
2007-07-10 17:11:51 · 11 answers · asked by trancegoddess2001 3 in Family & Relationships ➔ Marriage & Divorce
TEXAS is notorious for forcing parents to stay in the same county regardless of the parents situation, like in my case. If I am forced to stay here, then I will be in near poverty living situations, whereas if I can move to California, I have a strong network of family and friends to help me, as well as living with my mother, my daughter's grandmother, in her home, for free. It's how it is in Texas. That is why I am asking for creative solutions.
2007-07-17 16:50:22 · update #1
This is a HIGHLY CONTESTED case. He is very jealous, possessive and controlling and will do whatever he can to ruin my life. So far he is getting away with it. He wants full custody, he wants the house, he wants everything, and wants me to suffer, just like that. I have only lived in TX for a year and a half. I am not from here, have no one here. He is someone that cannot comprehend logic, and has no compassion.
2007-07-18 14:53:00 · update #2
THIS IS AMERICA !!! WERE FREE HERE!!! ......... NO THEY CAN'T FORCE YOU TO STAY IN THE COUNTY FOR DIVORCE REASONS........but, you will have to work out visitations.........best wishes from a texas native ......also talk to some one in the family courts, they will give you correct info.
2007-07-16 16:27:44 · answer #1 · answered by cherokee squaw 4 · 0⤊ 0⤋
Does your husband want custody?
If not then work with him to have him sign off on the restriction and agree to a visitation arrangement that you are both happy with.
If he wants custody then you may be stuck with staying or leaving the children.
This is the sadness that comes out of breaking up a relationship that you committed to forever, from living where you did when you had the children.
A friend of mine got out of a different jurisdiction and lived with her child for a full year before filling for divorce so that the history of the child's residency would be taken into account by the courts.
2007-07-18 10:21:32 · answer #2 · answered by keezy 7 · 0⤊ 0⤋
Texas judges don't like to take away geographical restrictions. You should be able to at least get the restriction to the county you live in and contiguous counties. The best way is to probably give up something (maybe a lot) in other areas of your divorce (property) and get the father to agree to take off the restriction. you will then be held to a different visitation schedule that you will have to follow
2007-07-12 13:23:37 · answer #3 · answered by castorraiders 1 · 0⤊ 0⤋
My state has a similar law - the only way here to get around it is to 1) provide a workable solution to ensure that the child / children are still provided visitation/ equitable parenting (depending on joint vs. sole) even though you are moving out of state.. ie. will you drive the kids weekly to visit dad? call every other night? put them on a train? etc.. 2) How will the quality of life for the children be clearly better and more secure in the other state. 3) What about moving will make you a better parent to the child / children? i.e. job waiting, home, support system, etc.. 4) Why is it that the above "pros" to moving aren't available in TX? and so on..
Even then, the court can say no, but if you have your attorney working on it, there is a possibility. Judges can't grant what you don't ask for. Kick your atty in the butt and get him working for you... he has to ask and provide sound arguement in order for it to possibly be granted.
Best of Luck,
Wildflower
2007-07-10 17:18:37 · answer #4 · answered by Wildflower 6 · 1⤊ 0⤋
There is no creative solution to this problem. Texas believes that by putting restrictions on people to remain in the state allows for children to have both parents. The only way I see it if you want to move to California with your 3 year old daughter, is to ask your ex-husband, for joint custody of your child, allow you to move out of the state, he gets visitations on holidays, and so much time in the summer (of course you would have to put the money out to fly her back to Texas for the time she gets with her father), and you tell him he does not have to pay child support. This gives him incentive to allow you to leave Texas legally with your daughter, and still have time with her. Good Luck.
2007-07-18 06:19:16 · answer #5 · answered by Only In Dreams 2 · 0⤊ 0⤋
I was divorced in Texas. I went to my attorney and told him exactly what I wanted, especially in regards to custody of my son. Tell your attorney that once the divorce is finalized you will be moving to California. If your husband wants visitation, tell him that you will be willing to pay 1/2 of the cost for your child to visit in the summer. If your attorney and/or husband balk at this, demand a jury trial.
2007-07-15 14:38:15 · answer #6 · answered by Wendy 3 · 1⤊ 0⤋
this one from wendy "I was divorced in Texas. I went to my attorney and told him exactly what I wanted, especially in regards to custody of my son. Tell your attorney that once the divorce is finalized you will be moving to California. If your husband wants visitation, tell him that you will be willing to pay 1/2 of the cost for your child to visit in the summer. If your attorney and/or husband balk at this, demand a jury trial." sound good
2007-07-16 12:28:47 · answer #7 · answered by l33nix 3 · 0⤊ 0⤋
Do you still have a friendly relationship with your daughter's father? If so, how does he feel about you and your daughter move to CA? If he is willing to let his daughter move to CA and he willing to work out suitable arrangements for visitation, then you both need to tell the courts that you have made an agreement among yourselves. I don't know that this will work, but it is worth a try.
2007-07-18 04:30:06 · answer #8 · answered by Anonymous · 0⤊ 0⤋
first of all the child is 3 and they need to be with their mom and then there is always summer vacations and holidays. they should not tell you that you cant leave the state because of a divorce.
2007-07-17 16:38:57 · answer #9 · answered by really loved 3 · 1⤊ 0⤋
Hi,
My answer is that you had better read Save My Marriage Today written by Amy Waterman first( http://save-the-marriage.info ).I believe that you can solve your problems after reading that book.
Good luck!
2007-07-18 02:45:34 · answer #10 · answered by Anonymous · 0⤊ 0⤋