I am considering a move to another state for employment. I am looking for employment in Texas but I am open to anything in the southwest. I have custody of two children. How do I get these kids out of my state without my ex husband suing me for custody? I have a parental plan and it says you must notify the other parent if you move, but it does not say anything else. As a precaution I was considering buying a small house in Texas if that would make me a resident of that state. Any ideas on this one?
2007-09-04 07:25:57 · 9 answers · asked by Julie H 7 in Family & Relationships ➔ Marriage & Divorce
I have an agreement with my ex that states I must give him 60 days notice before a move. He can contest that, but more times than not they cannot stop you from moving. He can sue you for custody at any time whether he has a reason or not. If you have custody of your children, and the only thing he has is he doesn't want you to move he will not get the children. He has to prove you an unfit mother before he can get custody. About the only thing he can really do and win is to get child support lowered with a credit for visitation expenses because you were the one to move. I know how scary and frustrating it is, and I also know that not all state laws are the same, so the best person to answer this question is an attorney.
2007-09-04 16:54:34 · answer #1 · answered by Elizabeth V 2 · 0⤊ 0⤋
Obviously you have to consult an attorney in your state. In my state, we have to notify as well and the other parent can legitimately file a motion that if successful would either keep you in state or force you to give up custody.
Judges in our state can prohibit the custodial parent from leaving the county. I have seen it happen. One woman got a job an hour and a half away and she had to give up custody because it surely would have affected the visitation of her husband. She's a college educated professional and he's a construction worker.
I have also seen a woman try to leave the state with her children and the father contested this and lost. So, it depends on what is in the best interest of the child as well as the court the case is heard in.
I left the same county as the first person and the father was notified afterwards. I had to rent in case I was court ordered to return to the county which did not happen. Since my son was in the new county the case was moved down here. This county is considered superior to the old county, so the judge would be understanding.
The question I have is that if you are sued for custody and you need to accept the job before the hearing takes place, what do you do? Are you forced to lose the job?
My friend who was an attorney in another state reviewed similar cases with me. The role the father plays is important and it is weighted against the benefits of the new job. If the judge feels that having a father close by is more important than the benefits of a new job, you would need to stay put.
When it comes to family court, You and your child are not usually considered residents of the state unless you actually live there. When you run for election in Texas, you may be able to claim residency if you own a small house, but even the IRS won't consider you a resident unless you reside there for more than half a year.
2007-09-04 11:50:52 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Julie -
In that your parenting plan says you must notify the other parent, that is something you must do. In turn, he can then file to force you to stay, or turn custody over to him. If you leave without notifying him and getting approval, and submitting a proper revised parenting planto the court - you run the risk of getting into serious trouble.
If the two of are unable to come to an agreement, the court will hear testimony from both of you, and decide what is in the best interest of the children.
Do not play games and buy a house in Texas. It may make you a resident, but you still might not be able to move there. It could also lead to the court thinking you were planning to flee with the children, and you could wind up with parental kidnapping charges.
2007-09-04 07:51:24 · answer #3 · answered by allrightythen 7 · 0⤊ 0⤋
One, you cannot just up and leave. If you do without notifying the ex then you can risk losing custody of the kids. You do have to notify him and if he wants to he can fight your move in court. That is his right. He has a right to be near to his children.
Question is, why do you want to take your kids away from their father? He is important in their life. They do need him whether you want to see that or not. For their sake you need to be sure there is no other option for you. For their sake the best thing is to keep them close to their dad until they are 18 and adults.
Whatever your reason for moving.... think of your kids and their needs first. You have to notify the other parent... and you better check with a lawyer because in many orders you have to notify the courts if you are wanting to leave the state. That way the other parent can fight it if they choose to. And the othe parent has that right.
2007-09-04 08:49:29 · answer #4 · answered by az_mommma 6 · 0⤊ 0⤋
Recent state supreme courts have held that the relocation of one spouse to another state is an acceptable cause to revisit a custody issue.
Also regardless of what your divorce agreement/ruling says, the court that accepted it retains jurisdiction of your children under the uniform child custody and jurisdictional act.
My best advise to you is to talk to your ex and come to a reasonable agreement regarding custody and then get the court to sign off on it or forget about moving all together because if you do and your ex presses the issue you could find yourself without either your children or your freedom.
2007-09-04 07:41:58 · answer #5 · answered by r_spald01 2 · 0⤊ 0⤋
baby custody isn't written in stone and for this reason can get replaced or challenged by the two parent. If there's a parental plan in place and it states you need to notify the different parent of a circulate, then bypass in front of a mediator with your ex-significant different and talk the thank you to guard the circulate out of state. as long as there is something in writing and the court docket and the two mothers and fathers comply with the circulate then you certainly can circulate. do no longer do it out of spite for the different parent because of the fact the court docket will come decrease back at you. in case you settle directly to circulate without notifying every person you would be charged with kidnapping. Please think of roughly all facets and maximum importanly approximately what outcomes this could have on your infants because of the fact they are the harmless ones who get harm by spiteful judgements.
2016-10-03 23:29:51 · answer #6 · answered by ? 4 · 0⤊ 0⤋
I have to get permission either from the father or friend of the court to move to another state with those kids.
Be careful. Dont do anything without talking to an attorney.
2007-09-04 07:34:48 · answer #7 · answered by RayRay 1 · 0⤊ 0⤋
Any advice you get here is not going to be very good. The best advice is to ask a local attorney. It's costly, but not as much as taking the chance and buying a new house, in the hopes of creating residency.
2007-09-04 07:36:28 · answer #8 · answered by Anonymous · 0⤊ 1⤋
hello julie it is better to talk with your ex and find out happens because you are required to let the other half know what you plan on doing so that you wont run the chance of being in for not letting any one know because he can go and try to get gustody af the children dear
2007-09-04 08:00:49 · answer #9 · answered by harold gardner1946 5 · 0⤊ 0⤋