chueygrl
recently joined
Reged: 03/20/07
Posts: 19
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i was divorced about 3 1/2 yrs ago. on my divorce papers it says that i am not limited to dallas county or any other county. i have lived out of state once before and want to move again. my ex says that im not allowed to leave the state. my question is legally can i or cant i?
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googledad
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Reged: 12/31/05
Posts: 10207
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It depends . What is your current custody arrangement ? Sole conservator or joint ?
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chueygrl
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Posts: 19
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its joint..
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googledad
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Does your CO say who can designate where the child will reside or limit you to a certain geographic area ? Usually it would require the courts approval for a move out of state and even if it were allowed you would be the one responsible for all the costs to effect visitation .
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chueygrl
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Reged: 03/20/07
Posts: 19
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My court order says that i have exclusive right to designate the primary residence of the children without regard to geographic location. It also says that the parties agreed not to limit the residency to dallas county or any other county.
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googledad
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You can move but expect him to file a motion to restrict it if he's serious .
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googledad
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It wouldn't hurt to have an attorney look over your CO to make sure .
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chueygrl
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so what if i move before he does that if he's serious. will i have to come back?
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googledad
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Give him ample warning , write a certified letter and tell him of your intention to move , request mediation to write up a suitable long distance parenting plan and , please , talk to an attorney first . How far away are you planning on moving ?
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chueygrl
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Reged: 03/20/07
Posts: 19
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back to mississippi, where i was living before. i let him have the kids as often as possible, spring break, summer vacation, thanksgiving, & christmas and more. so it wasnt like he never saw them. what it is my boyfriend lives there and he doesnt want me with him.
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chueygrl
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Reged: 03/20/07
Posts: 19
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this is the story..my ex husband was in prison when i divorced him. i met someone else in mississippi, i got exclusive rights to live where ever i want. i stupidly moved back to texas a week ago and have since want to return to my boyfriend in mississppi. now my ex is telling me if i leave, which i can, he will take me to court to try & get the kids...im wooried but want to desperatley go back home. my ex has been in jail several times then graduated on to prison, had a severe drug problem before going to prison and has relasped at least 2 times that i know of and has returned to jail at least once since. does he even have any chance at all???????????????
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googledad
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Reged: 12/31/05
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How long were you living in Miss. , if it was more than 6 months , the children are no longer residents of Texas . Was your permission to move stipulated ( agreed on ) or decided by a judge ? If it was agreed to he can petition the court for modification , if it was court ordered he only had 6 months to appeal the order .
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chueygrl
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Reged: 03/20/07
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i lived in miss for almost 3 years...then moved back to tx been here almost 2 weeks...i had i put in that i could move anywhere he signed while in prison the judge ok'd it
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chueygrl
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he owes back shild support and is also on parole
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googledad
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Do yourself a favor and don't keep moving back to Texas and the next time he goes to jail request sole custody in Miss . Texas should no longer have jurisdiction as you and the kids are Miss. residents .
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kaytee
addict
Reged: 06/15/05
Posts: 503
Loc: Texas
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I don't even think you are considered a resident of Texas yet. I think you have to live here 6 months. At this point you stay in Texas is more like a vacation. You would still be considered a resident of Mississippi.
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hangnnthere
newbie
Reged: 03/12/07
Posts: 25
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get back to Miss asap.I moved from Missouri to Texas 3 years ago. Now everything that pertains to the children(custody , visitation,access) is Texas jurisdiction. Only the child support stays in Mo.(where the ncp lives and the children were born) If you live in Miss. for more that 6 months you and child are legal residents. RUN
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chueygrl
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Reged: 03/20/07
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so theres nothing he can do at this point really?
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hangnnthere
newbie
Reged: 03/12/07
Posts: 25
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I don't believe so. In my case , I was only required to give him 60 days notice. I had to submit a parenting plan(visitation etc). My case was more complicated than yours. You and child are legal residents of miss. not texas.You have been on vacation.go home go go. My attorney told me that she had made cp move back but only because she had not given the proper notification. and that is because she was a legal resident of the state that she moved FROM. You are not a legal resident of Texas.
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chueygrl
recently joined
Reged: 03/20/07
Posts: 19
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update...im moving back saturday, ex says he's taking me to court to have me restricted to a 90 mile radius of dallas, i dont know what my chances will be, i lived there once before it was not a problem till i came back to texas then decided to go back to miss..any comments or opinions would be greatly appreciated.
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magster
recently joined
Reged: 07/06/07
Posts: 5
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The bottom line is you had kids with him and he has a right to be with them. His relationship with the kids is just as important to the kids as yours.
Seems to me your B/F should move to Texas. Why are you rearanging your life and disrupting the lives of your kids for him?
Why do you think the only reason he wants you to stay is because he doenst want you to be with your B/F??? Maybe he just wants to be with his kids!!!
If your ex files for an order to restrict you and then files to modify or even for custody are you prepaired to give him the kids?
Most judges especially in Dallas will give the kids to the father because it is in their best intrest not to have their lives disrupted by being taken from their father and their friends just because you want to be with your B/F...
Sorry to be so harsh but I have been around this block myself and judges are not predictable. Fathers rights have been advocated for a long time and judges are starting to pay attention. In the old days moms got the kids unless they were abusive and even then it had to be really bad. In todays judical climate dads are getting custody more often because judges have decided that being the mother doesnt automatically make you the best parent and dads are getting custody more and more often...
So the choices are simple ask your B/F to move to Texas or be prepaired to give the ex the kids, because there is a really good chance he can get them through the courts...
Also, you really need to put yourself in his shoes...what if you only got to see your kids on holidays and a few weeks in the summer???
What you think is reasonalbe is really very selfish on your part. My ex hasnt seen his child in 14 years by his choice and I would give anything to have had him in my sons life..you and your kids are extremely lucky that dad wants to be a dad.. :confused:
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recoveryroad2
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Reged: 02/03/08
Posts: 5
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"Seems to me your B/F should move to Texas. Why are you rearanging your life and disrupting the lives of your kids for him?"
Exactly...all I can think is "poor kids" to be moved around like that.
Your ex messed up being being put in prison. He possibly does not want you to move where he will NOT get to see the kids the few times that he has already. Your boyfriend can move to Tx...only morally right thing to do for the kids. Period.
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