As I am sitting here listening to March Madness I thought of a few items that seem to be reoccurring themes in my family law practice. As a family law attorney you sometimes lose sight of the simple issues that people deal with daily. I will discuss a few of those ideas in the next few posts.
Today I wanted to offer a few tips on residency restrictions in Texas. A residency restriction is a court imposed limitation on where the CHILD can live. You notice that i said child. The Court cannot tell the adults where they can and cannot live, but they can limit the residence of the child. Obviously, if you are the parent with custody of the child and the court limits the residence of the child, then your residence has been effectively limited too. Your option is to stay put or let the child live with the non-custodial parent.
The state legislature has said that they want to promote the relationship between the parent who does not have custody of the child and that child. The way they accomplish this is by assuring that there is frequent contact, i.e. a residency restriction.
The Courts have determined that in Texas a residency restriction can be as large as the state or as small as a neighborhood or school district. The size of the geographical area is within the court's discretion subject to the facts that they hear at trial. In Collin County (Plano) and Dallas County the courts will typically impose the Dallas and contiguous counties (counties touching Dallas) or the Collin and contiguous counties language by default. That can be changed with the proper facts.
There is one simple way to have a residency restriction put in place if you are not the one with custody of the child, and that is to stay active in the child's life. I cannot tell you how many times I have seen cases where my client wants a residency restriction but has not been active in the child's life. I think sometimes it is simply a control issue. If you want a residency restriction in Texas, you need to show that you are active in the child's life. That can mean simply exercising the visitation that you have been awarded or attending extracurricular activities. Attend some parent-teacher conferences, take the child to the doctor occasionally. You get the point.
If you are active in the child's life then the court will protect your interests because that is the "policy" of the State of Texas.
The things listed above also apply to parents who want to remove the residency restriction in Texas. If the parent without custody is active in the child's life, then chances are good that the court will not lift the restriction. However, if there is not active involvement, and the parent wishing to move has a good reason, chances are good that the court will lift that residency restriction.
The moral to this story is simple, stay involved in your child's life or suffer the consequences when a parent wants to move out of state.
The information contained in this blog is provided for informational (and sometimes entertainment) purposes only and should not be construed as legal advice on any subject matter. I can guarantee you that I am not covering every facet of the family code, and there may be hidden gems in the Family Code that could make or break your case based upon your specific fact situation. No recipients of content from this blog, retained client or otherwise, should act or refrain from acting on the basis of any content included in this blog without seeking the appropriate legal or other professional advice. ALL CASES ARE DIFFERENT BECAUSE OF THE FACTS PARTICULAR TO YOUR CASE; THEREFORE YOU NEED A LAWYER TO DISCUSS THOSE SPECIFIC FACTS. I expressly disclaim all liability in respect to actions taken or not taken based on any or all of the content of this blog. Talk to a lawyer first, preferably me, it is that simple!
69 comments:
I have a question...my friend has been trying to get his divorce finalized for over a year..between shotty attorneys and a manipulative soon to be ex wife its dragged on forever. they have been living seperately for over 3 years. He and I respected the boundries of his situation and waited until just a few months ago to let it be known that he was seeing me. the soon ex wife is naturally having a fit...she claims she can call me an intereference and block me from interefering with their 6 yr old daughter. is this true and does colling county see it as that? they are suppose to finalize their divorce in one week. thanks
can my friends soon to be ex wife...put a "block" against me from spending time with their 6 yr old daughter under the premise of "interference" in Collin County? they have been living seperately for 3 yrs, we are very discreet, we dont even hold hands when we are iwth her. we have been seeing each other for over 2 yrs but we have just recently introduced me to friends and family in order to be sure i wasn't going to come in and out of their daughters life. can she cause trouble for my friend under this guise?
Suzie, she will need a good reason to completely limit your contact. Maybe the court would order an overnight restriction. She would need a really good reason to limit ALL contact.
The Court understands that people move on in their lives after a divorce.
Good Luck.
I read this somewhere else "it is not a parent’s residence that is restricted, it is the child’s, and if they want to be the primary parent and have the exclusive right to determine the primary residence, their residence will necessarily be restricted too. However, if the other parent moves outside the restricted area, the restriction is lifted." Is the last sentence true?
Renee, perhaps you read that in the post you just commented on :) Kidding.
Let's do a hypothetical: The final order limits the residency of the child to Collin and contiguous counties. Dad has custody of the child and lives in Plano. Mom lives in Dallas.
Mom decides to move to Oklahoma (obviously not of sound mind...smile).
The question asked is whether the residency restriction is now lifted for dad. The answer is no. The Court order simply states that there is a residency restriction. However, if Dad wanted to move, he would not have a hard time in convincing the court to lift the restriction. He would accomplish this by filing a request to modify the order.
Some courts, like Dallas County, have adopted language that states that the residency restriction only applies as long as the non-primary parent continues to reside in the limited area. If the non-primary parent moves out of that area (as in our example) then the residency restriction is lifted.
So, in our hypothetical, if the order had that language, then the residency restriction would disappear automatically without dad having to do anything.
Get it?
Bottom line, you cannot assume anything....you must read your order. The order always controls and tells you what you can and cannot do.
I did some research during my custody fight earlier this year, and spoke with my attorney about this exact issue. I wanted to be sure that my ex would not be able to restrict where i could live with the kids, so my attorney included a clause in the final orders stating that i had no geographical restriction, which my ex signed and the judge approved. My question is, given that both parties and the judge signed the orders, would it be possible for my ex to file a motion to modify if i decided to exercise my right to relocate with the kids out of state? The reason i ask you and not my attorney is because i got the distinct impression near the end of the custody case that she just wanted to just be done with the case, as it required her to travel 3 hours out of town to the court of continuing jurisdiction. My attorney assured me that i could just pack up and move if i so chose and he'd not be able to prevent it, i'd just like to get a second opinion.
thanks :)
Anonymous, would it be possible, yes. Would he prevail, I don't know.
The problem is that typically child related orders have a notice provision in which you are required to notice him a certain number days in advance of your move (typically 60).
If you comply with the order you give him plenty of time to file a petition to modify. If you do not comply with the order then you stand the chance of ticking off the court which could result in an unfavorable ruling.
I had the exact scenario you are in one time and the mother (with custody) moved out of state. However, her notice was a little underhanded, which made the court mad. The court did not require her to move back, but the judge was not happy with her and she was teetering on the edge of requiring her to move back. The moral of this story is that you need to abide by the orders as to notice in your change in residence. Always keep the "clean" hands.
Bottom line, he can file a lawsuit, and he can present all the stuff that I discussed, and he can ask that the court impose a residency restriction. You will have to defend that suit if he does. At that time you would obviously argue that this issue has been agreed upon and that nothing has changed since that agreement and therefore he should not be entitled to a modification.
Good luck.
This is a comment / question. I just learned that Collin County, where my friend who is going through a divorce resides, has a residency restriction. She want to move out of the state with her daughter to be closer to her family and start her business. This state legistlative imposed rule, in my opinion, goes against her rights as a citizen. He soon-to-be-ex is riding this out just to torment her more so that be able to see their child. She has traveled since the seperation and he keeps asking her where she is going / has been, calling her out of town friends asking them questions instead of paying attention to the time that he is suppose to be spending with his daughter. With that said, can this rule be challenged in any way or is it set in stone?
Anonyomus, playing devils advocate for the state I would argue that the legislature has not affected her constitutional rights one bit. She is free to move where she pleases. However, the courts and the legislature have determined that they CAN limit where the child lives.
The justify this with the presumption that it is in the child's best interest to have frequent contact with the non-custodial parent. To effect this came the residency restriction.
Can your friend contest this? Sure she can. She would have to provide the court with evidence that "rebuts" that presumption. It is really just a matter of evidence and what they judge feels is more important. It is not "set in stone".
Here is legal hair-splitting at its finest.
I am recently remarried. The residency restriction for my 7 year old states "Collin and contiguous counties." My new husband works in south Fort Worth.
We've been searching for a place to live that suits his workplace, my restrictions, and our budget, as well as having a good school district. We finally settled on the area of Justin/Roanoke, where most of the neighborhoods are in Denton county, and they go to Northwest ISD. We have found several homes in Lost Creek Ranch which are the size we need and fit our budget.
Here's the catch:
Lost Creek Ranch pays its taxes to Tarrant county appraisal district. Yet, the USPS website lists it as being in Denton county. Which judgment of location do we go with to determine whether we can move here or not?
Unfortunately my ex is somewhat unreasonable. He lives in far Southwest Plano, but still feels that this is 'way' too far a move, so if he can contest it, he will.
Thank you!
Katie, that is a very interesting question. If it were me I would do a bit more research into exactly where the county line is. If the appraisal district has it in tarrant, find one that says it is in Denton (in addition to the postal map).
The point is, the more evidence you have that shows Denton, the better the likelihood that the court will not care and let it slide.
Where would the child's school be? Denton County?
Make sure that when you decide to move that you meet the notice requirements of your order.
Good luck.
I know this is a few months old but hopefully you will still see it and be able to offer advice.
I am the primary custodian of my 3 year old son. His father and I have been fairly civil to each other our son's whole life. We were never married.
I have no idea what my custody agreement states. I plan to go get a new copy from the court house tomorrow but I don't think that there is a residency restriction because I live near Fort Hood and it would be sort of ridiculous to have had one because of the high possibility that I'd have married a soldier. However, my son's father believes there is one in place.
If there is a residency restriction, how would I go about lifting it? How long does it normally take (I am moving in a week and a half). Would I need a lawyer? If my son's father does not contest it (I am about 70% sure he won't) then would a notorized document from him, giving my son permission to leave the state, be enough protection for me to leave before getting the custody agreements modified.
If he does contest it, how likely would it be he win or how likely would it be for me to get the restriction lifted? He lives an hour and a half away yet only visits maybe once a month for a day, in my home. He has gone 2 and 3 months without a visit in the past. His excuse is that he is to busy with work. He rarely takes him from my home for the visits and has maybe taken him on 4 overnights in my son's entire life. Would you consider this active or not?
Last but not least, what would a typical out of state visitation schedule look like for a 4 year old? Who would have to pay for the visits? Do you know of any services where Airlines assist with children that young flying alone or would we have to travel with him?
Thank you so much for taking the time to read and answer my questions. I appreciate it!
-Laura
P.S. If it matters, we both live in Texas. My husband lost his job and was only able to get one out of state. His works as a contractor that only deals with a certain military program that is only located in certain states. My husband would either have to start an entire new profession working for $12 -$15 an hour...or take a job out of state making $32 an hour. We don't really have much choice.
Laura, that is a big post. I'll do the best I can to answer all the questions.
To lift a residency restriction you would need to file a petition to modify the old order. Since you are moving quickly, you may go the notarized agreement route. If both of you sign it and have it notarized you could file that with the court that entered your order as an "agreement in writing, filed with the court" which is the language used now to lift residency restrictions.
That should be enough for you to move. After the move I suggest that you contact a lawyer in your town and get a second opinion on whether you need to modify the order or if the written agreement to modify the residency restriction will suffice. It is always best to get a local attorney because they are more familiar with the judges.
If you had to go to court, you could use all the arguments you laid out in your post on why you should be able to move and you could use the written agreement if you have one. What a judge will do with any of that information is hard to tell. Again, get a local lawyer to better answer those questions.
Do not forget to review your order for the notice requirements of moving and strictly adhere to those requirements. Nothing will get you in trouble faster that being "sneaky" and moving without proper notice.
As far as visitation for over 100 miles, it is typically one weekend per month of the dad's choosing. However, any agreements can be reached on those issues. The costs are typically paid by the person who moved, but again, any agreements can be reached.
I do not know about the airline regulations as far as age, you would need to check with them.
Good luck.
Hi, I'm a father who has a daughter (6 yrs old to be 7 in Dec.) under Idaho jurisdiction. I hate to ask you to do a little research seeing how you are familiar with Texas law. However, I have read your responses and I clearly hope that you're willing and able to help. I've been divorced going on three yrs. I'm 26 yrs old and I have been very active in my daughter's life. I, after the divorce left the state of Idaho without informing the courts but my ex knew. There is a residency restriction that I cannot exceed 150mi radius without agreement between me and my ex wife.My daughter has lived with my ex for the past 3 1/2 yrs with recently 1 yr sharing joint legal and physical custody because I lived in the state of Idaho. She took our daughter in '04 during a planned trip between all of us to another state for a religious function in VA. I did nothing legally wise but visit while I resided in AK where we were living before Idaho. My ex did nothing but file for a divorce a year later, which prompted me to move from AK leaving family, school, and our church because she joined membership, and all though the divorce prevailed, we were supposed to work things out. I moved from Idaho due to financial hardship and relocated to VA to work for my father- still visiting our daughter in Idaho and after things flopped in VA between my father and I, I moved to WA where I still reside. Recently, I entered a modification of a decree in Dec. '08 requesting change for out of state visitation during a week long trip in ID with our daughter staying overnight in a hotel with my mother. Since then my ex got an attorney, I'm pro se because I just cannot afford one- esp. having to commute every few months to visit. Originally visitation was set at every other wknd/ one day per week if no agreement could be made. My ex has now entered a parenting plan for one wknd a month with supervised visitation if we're unagreeable- (the judge has said in an earlier hearing in Apr '08 that he doesn't like supervised visitation,) which I've never had a restraining order but they- my ex and her attorney claim I'm disparaging. I've been through an ITPC (evaluation- both ex and I) and the evaluator is even claiming as my ex that our child is too young and WA is so far- 1 hour by plane 8-10, 13hrs by car or bus. I've expressed that I would accompany our daughter during the travel to but my ex needs to assist with the return as our Divorce Decree states that the receiving parent is responsible for child pickup. Now my question... I have trial in two days and what in your opinion would be the chance that I would likely or unlikely get the favorable decision for the restriction to be lifted and get unrestrictive geograghical visitation for Passover, summer, every other Thanksgiving, and every other Christmas break as noted in my parenting plan? My family here in WA, AK, and VA hasn't seen our daughter since she was 1 1/2, I have a stable job with the state of WA, my child support is caught up, and I advocate communication and unity of my ex's house rules while with mom regularly. The school knows me and daycare from active participation, but I'm now being entitled "vacation dad" by the evaluator, my daughter doesn't know my family and talks to me briefly on the phone if I can talk to her. At times my ex wants to talk disparingly toward me about issues during my visitation before I get on the phone with our daughter which when it goes into argument status I don't even get to talk to my daughter and I've been coming for years. Something's gotta change, but will it? I know this seems like a lot but
I feel overwhelmed and I've prayed non-stop. Do you see light at the end of this tunnel? By the way, my ex has taken our daughter out-of-state from ID and there is no restriction against her movement with or without agreement. Your expedient response is greatly appreciated!
Wow, that is a long post. I have to admit, I cannot make heads or tails out of your post. I think you are saying that you live in Washington and that you want long distance visitation with your daughter.
I believe you are asking me if you stand a chance? There is absolutely no way I can answer that question. I don't know anything about you, your ex or the judge that you will go before. In addition, I practice in Texas and have no idea what the laws are in Idaho.
The only advise I can give you is to get a lawyer. You seem, and say, you are overwhelmed. You need professional help from a lawyer. You need to borrow, take out a credit card or loan, or sell something, but you need assistance.
Sorry I could not be of more help. Good luck.
Okay.....I hope that you can help. I have a daughter who will be four in july. I was divorced from her dad in Dec of 06. He remarried 11 days after the divorce for the women he cheated on me with....he was in the usmc till nov of 07. I re-married a marine and he is now stationed in MI. The father see's his daughter but only about half the time he is supposed to, he does not call her, his wife calls, picks up and drops off. He does not even call to tell me when he does not get her or that someone else will be getting her. He owes me $5000 in back child support and just recently stopped paying again. In Nov. he agreeded to let me move to MI with our daughter and my husband and we would work out visitations and I would reduce his childsupport....at last minute he backed out and has been putting off court and makin excuses to move the court date since Sept of 07 I have been in Tx for 10 months not living with my husband.......what are the chances of me getting to move and how would i go about it? I can't have a marriage not living with my husband and my daughter does not even want to be here.....she screams and cries everytime she has to go to her dad's house. He has money for two new houses in less than a year a new yukon, four wheeler, camper, and camping at the lake EVERY weekend and is going to adopt her oldest son but can not pay child support or get his daughter when he is supposed to. He went 9 months with out talking to her.....he was in Iraq and called her once in 9 months but called his wife 3-4 times a day everyday!!! I emailed him letting him know how she was and sent him pictures of her and he never once asked about her or how she was doing.......please help....what can I do
I have custody of my children and DO have residency restrictions (collin county and contiguous counties) but about a year ago I had to move out of the restrictions limitations due to financial reasons (lost my job and the father stopped paying his child support). I have relocated to Tyler, TX. My ex says that I can't do and is taking me back to court. My question is will the court make me move back within the restrictions? Considering he still has not paid any child support.
Kera, i cannot answer that question, only a judge can. However, I will say that your financial hardships along with the father's failure to pay child support will be very good evidence. More good evidence is that it appears that you have been there for a year or so. The longer amount of time he left you there the better.
Tell the court your financial hardships and also focus on the father's lack of involvement in the kids lives (if that is the case). An uninvolved father will not be able to maintain a residency restriction typically.
Good luck.
Anonymous, you did not state anywhere in your post that you had a residency restriction and to where your residence was restricted. I assume you do because you are posting here. However, if you do not have one in your order, that changes everything.
If you do, you really need to get you a lawyer. I think you have a pretty good case from what you have told me. You will not be able to do it yourself though. You need to take him to court to modify the residency restriction in your current order.
Read my other recent posts as well, because they apply to you too.
Good luck.
I know this post is old but I am hoping you will see it and help answer a question. My husband and I are going through a divorce. He is very active in our childrens lives and will remain so. The only thing he wants is 50/50 custody and for him to have primary residence so I can't take the children and move out of state. Which he is afraid I will do someday. Our sons are 9 and 7.
I am not currently planning on moving out of state, but it could happen. I want to say ok to it, because I don't want a messy divorce, but wondering if I could have it changed later if I needed to. I know it would be up to a Judge, but would like to hear your thoughts.
Also, do you know if he would be required to pay child support? He says no, but I am not sure.
Thanks
Anonymous, if there is 50/50 custody there are two ways the court can handle it. They can call it even and not require anyone to pay support, or they can calculate what each party would pay for purposes of child support, and then take the difference. For instance, based upon your income, if you would normally pay $500 per month, and based upon his income he would normally pay $750 per month, then he would pay you $250 per month (750 -500).
I do not know why he would be named as the primary conservator. He can protect his interests with a simple residency restriction. By him being named the primary conservator he is technically getting custody of the kids. Seems to me a truly 50/50 would not have a designation of a primary and there would be a residency restriction put in place.
To answer the second part of your question, yes, you can ask the court to modify a residency restriction at any time when they are minors. However, if he is named as the primary conservator you would not be filing a lawsuit to simply modify the residency restriction, you would have to sue him for custody.
From the sounds of your post, I would be very careful. It sounds as if he is up to something. I strongly advise that you talk to a local attorney and see what they think. I would definitely advise that you have a lawyer review any papers that will be filed with the court or signed by the judge.
Good luck.
My fiance and I have just contracted a lawyer to get custody of her 2 children, ages 3 and 6. The ex-husband is the custodial parent right now unfortunately. This was simply a matter of happenstance in the beginning because he is still a military officer and has always had a kush 9-5 job. My now fiance at the time was also military as a nurse working nights, evenings and weekends. She unfortunately did not have representation during their divorce. Now we are finding out that she has been paying much more child support than necessary and there are no geographical restrictions on the children. We just filed for a venue change from El Paso to San Antonio a couple of weeks ago in order to start our case for full custody of the children. He had mentioned that there is a chance he will be changing stations to Maryland next spring. However, the six year old had brought several things to our attention that made us feel this would happen sooner than he told us. Well, in fact he just called yesterday saying that his orders had just changed last week (b.s.) and that he is leaving for Maryland with the kids on friday. He has not provided us with the 60 written notice as specified in the final divorce decree. The change of venue has not been completed yet. I am just wanting a second opinion as to what our next step should be. Can we go ahead and put a restraining order on the children before the change of venue is completed? How will this affect our case. As mentioned in a prior question/answer, we have always been involved above and beyond in the lives of the children. What can we do as far as putting geographical restrictions on them prior to the change of venue? Any advice is greatly appreciated.
Jeremy, you really need to talk to your lawyer about this...that is what you pay him or her for. However, to answer your question, you may consider a lawyer in El Paso to get a restraining order prior to the transfer.
Good luck.
Desperately need help!!! I recently got a divorce, and he got an owelty lein on my house, and that statues are that if my house is not my primary residence, then I have to pay him what the lein is for. So I have a question....what does the court consider Primary residence? It doesn't say anything about me not being able to rent my house, but I will still get my mail there and the bills will still be in my name. And I am going to move, but stay in the same town. HElp....would I be ok, or what?
Hello,
Yea! I've finally found a site that gives specific information to people in Collin County. My sister's divorce has been final since December of 2007. The judge wrote in her final divorce decree that it is ordered and decreed that if her husband misses two periods of visitation during any calendar year that the geographic restriction "is lifted" in that exact language. The judge mentioned that he was trying something different on her case than he normally does due to lack of involvement by the father. I saw a similar post to mine and you mentioned that the restriction "disappears" in the hypothetical example you gave if the language appears this way. Do you think this is the same case for my sister? She is very afraid to leave the state and have charges pressed against her.
There's also a little catch. She did not recognize the language "is lifted" and assume its automaticity (if that's even a word) until after her lawyer had filed a motion to modify existing decree to have the restriction lifted. After the fact, we feel that the motion to modify was filed in error, as we do not want to change the language in the decree if indeed, it is permitting her to leave the state in the event he misses the visitations (which he has and he admitted to during the motion to modify trial). The motion to modify was denied due to lack of material and substantial changes in circumstance and we thought we had lost until my mother found the paragraph in the divorce decree about the restriction being lifted. Are we wrong to assume that this special provision is automatic and that my sister is now free to move? Also, since her ex husband has known since September of 2007 (her temporary hearing) what her address would be in the event that she did move, is she required to give the 60 notice?
thanks much
Anonymous, if you do not live in the house, then i do not think that the court will consider it your primary residence. A primary residence is typically where a person lives. You can still rent the house, but you may have to satisfy the lien...good luck.
Anonymous, you are putting me in an awkward position. I am certain that you had an attorney at the modification hearing. I find it hard to believe that your lawyer and the judge missed that section of the order. It makes me think that there are facts that I am missing. Because of that I cannot answer your question, because I would need a lot more information.
Typically, In Texas, if a decree or order states that there is no residency restriction or that the residency restriction is lifted, then there is no restriction. That means that the person with the right to designate the primary residence of the child can determine the residence of the child without regard to geographic restrictions.
However, that same person would also be required to provide notice in accordance with the notice provision of the decree which typically requires the parent to notify the other parent sixty days before an intended move. How this notice is sent is set out in the order usually.
If the parent does all this, then they can move. If they do not provide the notice in the proper form they stand the chance of ticking off the judge and being required to move back.
It is always best to follow the decree to the letter. Playing games with the court's order can get you in trouble.
Good luck.
Anonymous, you are putting me in an awkward position. I am certain that you had an attorney at the modification hearing. I find it hard to believe that your lawyer and the judge missed that section of the order. It makes me think that there are facts that I am missing. Because of that I cannot answer your question, because I would need a lot more information.
Typically, In Texas, if a decree or order states that there is no residency restriction or that the residency restriction is lifted, then there is no restriction. That means that the person with the right to designate the primary residence of the child can determine the residence of the child without regard to geographic restrictions.
However, that same person would also be required to provide notice in accordance with the notice provision of the decree which typically requires the parent to notify the other parent sixty days before an intended move. How this notice is sent is set out in the order usually.
If the parent does all this, then they can move. If they do not provide the notice in the proper form they stand the chance of ticking off the judge and being required to move back.
It is always best to follow the decree to the letter. Playing games with the court's order can get you in trouble.
Good luck.
Hi. I was divorced 7 years ago in Dallas County. At the time of the divorce I had a residency restriction which restricted me to Dallas County exclusively. The restriction became null IF the non-custodial parent moved outside of Dallas County.
3 years ago, he moved to Denton county. Therefore, I am under no residency restriction.
He is now threatening to take me back to court to have another restriction put in place if I try to move out of state. He currently still resides in Denton County, I reside in Collin county.
Any idea on the chances of Dallas putting a restriction BACK in place that he already broke?
Anonymous, it is impossible for me to answer your question without seeing the specific language of your decree.
If this were standard language in a standard order then I would say that he may have a pretty strong leg to stand on. The reason I say that is that he has remained in the metroplex and is relatively close to the child. The purpose of the public policy of the State of Texas is to promote a continuing relationship with the child. If he remains close, then the policy is still applicable.
What you are experiencing is the problem that I have found with the residency restriction. While you may not have a current residency restriction, I bet you still have notice requirements. If you provide that notice, per the order, then he most certainly would sue you to keep you here. Kind of a catch 22.
Good luck.
what if the parent's were never actually married. So the attorney general assigned the custody. And i am not sure if the residency restriction is in there. I, the non custodial parent, am very involved, moved and stayed close to the child the 10 yrs of his life. The child has stayed with me for extended periods and months at a time and i still paid the custodial parent support during those times. The custodial parent lives in Collin Cnty, and i just had to move to Tarrant county for studies and work. The custodial parent now has someone they have only known for 3 months living with them and that parent is treatening to move very far away. Do I have a chance to modify the arrangement to receive custodial parent status, you think? There are other issues I think that the court could see the child is not being properly taken care of. Would there be a recommendation to retain a lawyer and proceed?
Anonymous, you definitely need to get a lawyer and proceed if they are threatening to move. To determine if you have a residency restriction you need to read your order. It will specifically state if the residency is restricted to a certain area.
If you do not have a copy of your order, you can get one from the courthouse that finalized your order.
As to the question of whether you can get custody or not, I have no idea. I would need a LOT more facts to make that determination.
However, understand that even if you do not request a modification as to custody, you can certainly request a modification to impose a residency restriction if there is not one.
Good luck!
Currently there is no geographical restriction in my court order. My daughter lives with me. My husband joined the Army earlier this year. He was given orders to go to Germany and when I informed my ex of where we’ll be moving, he said no and filed a petition to modify the possession and to restrict residence. We are not going to Germany because they changed my husband’s orders but we will have to move once he comes back next year from overseas. My daughter is 9 years old. Her father has only attended one game 4 years ago when she was a cheerleader, never attended any of her other activities, never taken advantage of his rights to have her on spring breaks, Christmas breaks, 30 days in summertime, her birthday, as well as never picking her up every Wednesday as stated in the court order. Our court date is next month. I do have an attorney and we do have a list of witnesses that would be able to testify that he hasn’t been involved in her life as he should have. I’m just wondering what are the odds that a judge will order a restriction? I’ve heard that judges usually won’t put a restriction on residence if it’s military related. Is that true?
Let me explain my family's position. My sister, who is mentally ill married a man she knew was mentally ill. They had a baby. Soon after my sister had an emotional breakdown/psychotic break and had to be hospitalized. Due to her husband's inability to care for my nephew, my mother stepped in a took care of him, which both my sister and her husband had been okay with. Then her husband changed his mind (while my sister was still in the hospital) and took the baby back from my mother and there was nothing she could legally do. I felt compelled to contact CPS as their home was filthy with dog feces, dirty bottles and diapers. So CPS gives my mother temporary custody while my sister and her husband try to work out thier issues. For the next year, they did their court-ordered sevices (classes, psych evals, etc.) but neither could maintaint a job or permanent housing (even with relatives). Her husband stopped taking his meds altogether. When my nephew was about 18 months, the court gave my mother primary conservatorship. Now here is where we are running into trouble...
My sister and her husband have since divorced and my sister has bounced from man to man, neither have paid child support for at least 6 months (he has never paid), neither has been able to maintain employment, and we are pretty sure neither are taking thier meds. My sister is obsessed with getting my nephew back right this instant, instead of focusing on getting healthy and then getting him back (which is what we had initially encouraged her to do). Its to the point where is constantly giving my mom ambiguous threats and harassing her (although not enough to press charges). Although we can't prove it, we think she reported my mother to CPS amongest other things. My mother can't afford an attorney and we've already tried with Legal Aid.... so now I'm trying to investigate what motions or procedures we need to do that can be done without a lawyer... any advice?? I suppose the main things I want to know about are: 1) Since my mother has primary conservatorship, can my sister "bully" her by making demands to know where her son is at all times, what day care he goes to, and when he gets hair cuts? 2) If my sister is the one canceling visits can she hold that against my mother in court? 3)What steps does my mother need to take in making my sister and her husband pay child support and getting my sister to back off? 4)What steps would my mother need to take to move back to home (out of state) from Collin County?
Thanks.
Here is my question and please help. I just got served papers. My ex has now filed for custody of our 15 yr old Son. Our Son refused to get on a plane and go visit Dad for Thanksgiving. His Father was informed and cancelled the flight, hense never went to the airport, but claims I am in contempt even though the flight was cancelled. Ok, the kicker, I was served Friday the 29th, and the paperwork has a court date of December 5. I live in Alaska, so obviously the court date will have to be moved. The Father is Military and has been reassigned to KY with a report date of December 10. Therefore neither party will still be residing in TX. My Son claims Alaska as his resident. So, I am simply seeing this simply as harrassment and a way to get me to spend money out of pocket ( ATTY fees, round trip air for 4, and my husband is serving in Iraq and can not be here for emotional support etc.). My question is after the date gets pushed is it possible to get this dismissed giving that neither party resides in TX?
Shannon, I really do not have enough info to answer your question. However, it sounds as if ultimately your case should be transferred to Alaska. However, I cannot tell what you need to do without all the facts of where the original case was, etc...
If you want a little more precise legal advise you can by advise for $35 here https://www.clientspace.org/index.asp?firm=93B54BB1.
Good luck.
Resa, come on. You know I cannot answer that question. Those types of decisions are specific to the judge themselves. There is no way I could predict what your judge or any other judge would do without being fully involved in the case.
Shouldn't you be talking to your attorney about this?
Cheating on your attorney. Naughty.
I have a question about the geographical restriction and how if I moved out of the county first I have to pick my daughter up from him (i can not do this by the way).
When my divorce was final, my ex and i both lived in Collin County, the final decree listed his address in Rockwall, a rent house he had been living at(he forgot to change it). My attorney at the time said that I wouldn't have to worry about it since he put the wrong address, that it shows us NOT living in the same county. I think it's simply a technicality. If I move out of the county first, what will happen? Will picking her up from him on Sunday apply, or is the attorney right?
Incase you are wondering, this attorney told me several things that would and would not happen and they didnt pan out, so I do not believe much of what he says at this point.
Thanks,
Rachel
I currently reside in Texas. I have joint custody with my ex husband concerning my two eldest daughters. In addition, I have been remarried for two years. About two years ago I had my ex file suit for reinstating visitation rights, which stemmed from me not allowing him to visit the girls except at my home and the visits in my home could be for any amount of time. The reason for this, as the courts agreed, stemmed from the fact my oldest daughter was abused by her grandmother, my ex's mother. The modification was granted on the basis my ex signed an agreement with my attorney, a mediator, and his attorney, stating he would not allow his mother to see the kids.
The trial against his mother begins in January.
In the modification I was requested to allow a geographical restriction to Harris and montgomery county. I, not anticipating a move or need to move, agreed. Not long after the modification was signed my ex moved to Fort Worth, Tarrant County. He lived there for 6 months or so and them moved back here. Would that move make the geographical restriction lifted?
Our move is going to take us to Pennsylvania. I am going to attend Penn state for my Master's degree, and in addition I will be closer to the Philadelphia FBI office where I plan on working. My husband has a job linned up in Philadelphia which will allow for a better life for us all. If the geographical restrictions were lifted by the move do I still have to provide 60 days notice? My ex did not state he was moving until he had already been living there. In addition, he travels alot so he does not use th visitation schedule. There can be months that go by without a visit.
Anonymous number one...while it is a technicality, it seems reality would be that if you knew he had moved then you had notice. What it really boils down to is what happens if you move. Ultimately it seems a lawsuit will result.
Let's say you do move. Then the transfer of the child occurs and he expects you to deliver the child to him, and you do not. Result, a lawsuit over the transfer provision. Even if you win, you lose because of the cost.
You are in a real grey area, basically splitting hairs. I could argue one side as well as the other.
Sorry I could not be of more help. If its something that needs to be resolved in Court, I would be happy to help out if i could. Just visit my website www.chrislawyer.com.
Good luck.
Anonymous two - I cannot answer that questions without seeing your order. What does your order say happens if he moves? Does it even address it?
If it does, then you have your answer, technically. If it does not, then I think you need to file a lawsuit.
Either way, I think the best course of action is to file a lawsuit requesting that the residency restriction be lifted. Your evidence would be his move, his lack of contact on a regular basis, and the possibilities if you are allowed to move.
Doing it any other way will just cause more hear ache and trouble.
Let's say you move outside of the residency restriction, regardless of whether you can or can't per the order. Ex gets ticked and files a lawsuit. Now you have to defend a lawsuit from Pennsylvania.
You could try giving him the proper 60 day notice and see what happens. If he ignores it, then perhaps that is a good thing. If he files a lawsuit, then you are in the lawsuit you needed to file anyway.
Bottom line, I always recommend doing the right thing and not trying to be tricky. Just file a lawsuit and do it the right way.
Good luck.
I have a question about my Agreed Order in Suit to Modify and a Rule 11 Agreement.
The Rule 11 is dated March 20, 2007 and was signed by me, childerns dad, and our attorney's. The Modification was signed by all parties, including the judge and filed on April 25, 2007.
The Rule 11 states, The children's residence will be resticted to Dallas County unless modified by written agreement of the parties or further court order.
The Modification states, I have the exclusive right to choose the children's residence in Dallas County and contiguous counties each year I have them and vis versa for their dad on the year's he has them.
I was wondering if the Rule 11 agreement takes presidence over the modification or if the modification has the final say and since it was signed by the judge and recorded with the county, that I go by the language in the modificaiton which grants me the choice to move out of Dallas County. Im looking to move to Collin County and dont want to have to file an additional modification if the one I have currently is the one I should be going by and not what the Rule 11 Agreement reads, seeing how it was never filled with the courts.
Assuming that all this was in the same lawsuit, a final order will replace all orders or agreements that directly conflict with the new order.
Question and answer, I hope :) I am the primary custodial parent of my son. My ex and I used the statutory visitation when we divorced. (Alternating wknd/holiday/ 6-8 wk day visitation etc.)Since that date our son has started school so I have allowed his father more overnight access to him so that he has a chance to take our son to school and be involved in THAT part of his. Now that my ex has gotten remarried he wants modify our original order asking for two overnights a week, basically splitting the week in half. I think it is so unstable to split the week. Since he granted me full custody in the divorce, can't we just keep it that way? We have a residency restriction already which I've complied with I just don't want to have a 50/50 split or be "forced" into a modification. Please help.
Chris, I have been going through a rough time with my Divorce. I filed for my Divorce back in November of 2008, and since then had came to an agreement, but it was never singed or proved up. The Problem that I am facing now is that we filed our Taxes Jointly, and she took all the Money for it, I am sure that I am entitled to half of those back. The other issue is that she used the money to move over 300 miles away, and she did not notify me nor the court, however because we were tentative that we had an agreement we did not ask for Temporary orders. So My question is what can I do about it at this point. (The Moving) BTW there were no geographycal orders yet in place being that we waived temporary orders due to thinking we had an agreement. This is in Texas
Hi, I have (what I think is) a relatively simple question.
I am a custodial parent with a custody order in Tarrant County. Of course I have that wonderful geographic restriction and I'm thinking that I pretty much just hit the jackpot. My ex joined the military! Complete shock to me when I got a letter from the AG notifying me of the new employer. (He hasn't come around in 1 1/2 years & the last time he did, kidnapped my son for over a month!) So I need to know if this lifts the restriction, or is there some technicality that will shatter my dreams...
Thanks in advance!
my ex is not one to read his papers and we often fight about custody because he doesnt know what his papers say. he didnt give me the notice by april 1st of what he wants for summer so gets all of july(my sons b-day is the 6th so that sucks), my son hates going there and doesnt understand why he has to, is there any way to make my ex break up his time since he always lets other people exercise his rights anyway(in 9 months he picked up 3x...his step dad always does it). he doesnt want our son...just takes him to hurt me.
Meingotti, you do not have to go to a 50/50 arrangement. In order for your ex to prevail he will have to prove a material and substantial change in circumstance.
I'm not clear if the overnight were the nights he otherwise had the child, but your reaching various agreements should not be enough to modify to 50/50.
Remember, it has to be in the best interest of the child.
Good luck.
Johnfromlivingston, you need to get a lawyer. That simple.
Good luck.
Jessica, that is a really good question. One i cannot answer. I would have to see your decree to properly advise you.
However, in military situations, the Texas Family Code allows a person in the military to continue to claim their home state and address as their residence. For instance if he were married, moved off in the military, but wanted a divorce, he could file here because he is in the military.
How that applies to the residency restriction I am not sure. If he is not around, you need to just file a modification suit to remove the restriction. That is the safest way to do it.
If he does not respond, the court will enter the order most likely based upon the things you have told me.
Good luck.
Anonymous, the short answer is no you cannot make him break it up without the court being involved. You would have to file a motion to modify the visitation.
Sorry.
Good luck.
I GOT A DIVORCE IN TEXAS IN DECEMBER. MY EX SIGNED THE PAPERS I DID NOT HAVE GEOGRAPHICAL RESTERICTION. I HAVE SINCE MOVED TO CALIFORNIA. I HAVE NOW BEEN SERVED HE IS TRYING TO HAVE MY PAPERS MODIFIED TO GET ME TO MOVE BACK. I HAVE PROOF THAT HE HARRASED ME OVER AND OVER AGAIN, I HAVE POLICE REPORTS, AND EMPLOYERS AS WITNESSES. WHAT ARE THE CHANCES I WOULD BE MADE TO MOVE BACK?
I have questions about divorce involving domestic violence. My husband assaulted me & my step father on May 5th then filed for D.V. on the 11th, i was un aware & filed for suit affection parent child relationship on the 12th. I have 3 police report over the past 2 yrs including this last time proving domestic violence. In Oct. 08' my husband was also issued a citation for assault on me. My husband & I are both asking for custody, i have our son & I also have custody of a child from my 1st marriage. BOTH kids are with me... I also want to move back home to CA where i am from & my WHOLE family lives. I only stuck around so my daughter could finish out the last 3 weeks of school otherwise i would have just appeared by phone in court. My husband IS asking for a geographical restriction of course but he is facing criminal assault charges for assaulting me & my step dad. Also, he is currently on probation for a DWI he was convicted of in Jan 09'. So more than likley he is going to jail for violation of his probation & 2 counts of assault. We both filed our stuff pro se. What can i do??
My daughter has received a verbal approval by her ex to move over 250miles away.
He will only give her the approval verbally because someday when their kids are grown and they ask him why he didn't see them, he can blame it on her. He doesn't want anything in writing that she could show the kids.
She has the verbal agreement on tape, is the tape admissable in court if he goes back on his word and causes problems after she has moved. He is aware that he conversation with her was taped.
Yes, the tape would be admissible and should be enough to reflect their agreement.
Good Luck!
In the final divorce decree it states that my kids are only allowed to live in 2 different counties. I have recently found out that my Ex and her boyfriend are expecting a baby and plans of getting married are to be soon however my concern is that he has just recently enlisted in military basic training and all of the bases within the state are no where near the geographical restriction that we both signed off on not to mention that he might not even be stationed in TX. Is there a chance that she can take me back to court and a judge will grant her premission to move with my kids outside the geographical restriction without my consent? I pay CS on time and never missed a payment, I give extra money for clothes, sports, school supplies and practice my regular visitation rights as well ask for more time with them. I call every day, I even set up a skype account so that I could video chat with them when their mother allows it. Should I be worried??
Anonymous, she can absolutely ask the court to move. Should you be worried? I don't know. A lot depends on the judge that hears the case and the specific facts.
Keep doing what you are doing and try to be involved in your children's lives as much as possible. Also, remember to make sure she does not try to move without seeking approval from the Court. Contact a local attorney and have someone picked out just in case you need them.
Good luck.
I understand why the "Geographical Restriction" is apparently in the best interest of the child.
It's also very frustrating why I cannot move simply 3 hours away to a County on the other side of the county that neighbors where I live presently.
Sometimes it seems as if this "Geographical Restriction" causes a depression in the Primary Conservator because he/she is "stuck" in a small town, with little economical advances, 1 school district, 2 grocery stores, and absolutely NO enjoyable, therapuetic activities for young, middle, and especially adolescent children. Correct me if I am wrong, as a mental health care professional- a child living with a depressed parent, usually ends up with a type of mental health disorder and/or ineffective coping skills. True the depression should not be around the child, but it could be so easily treated with a reasonable and considerate plan.
Why must we as struggling single parents who want to create a safe, and HAPPY enviornment for our child/children, be restricted to live in the same or contiguous county as our bitter ex husbands and wives (as well as their bitter husbands and wives) because they do not want to see you and the child/children advance in success because they have left no room for opportunities in their lives? Or because you worked very hard to obtain a degree and education to support your child and their well-being and they do not have one?
Pathetically immortal and unjust?
I think so.
Now with all personal feelings put aside, what exactly can make a "Geographical Restiriction" a reasonable situation in the best interest of the child when the "Joint Managing Conservatorship" is consistently inconsiderate for one another?
It's very difficult to work with someone who is very tediously and objectively trying to defamate the other parent's character for satisfaction and a wealthy child support check.
My husband wants my geographical restriction to be Denton County. I would be much more comfortable with the State of Texas. Is it worth hiring an attorney to fight it out? I mean, what are my chances of having this granted? If so, what factors determine this - judge's mood that day?? Before this issue, we were having an uncontested divorce.
My divorce is resided over in Ft Bend County. I am actively pursuing the best lawyer for my interest, but I was hoping you could provide preliminary advice. I am under a geographic restriction that I wold like lifted to move to St. Louis (our previous residence when married). Our youngest daughter was recently diagnosed with a rare genetic disorder that requires extensive medical oversight. While together and since divorced we have always agreed to take her to St Louis for treatment. However, he is refusing to allow me to physically move. He is an airline pilot so travel for him and the girls - which occurs every two to three months - cost less than $100 for all three of them, travel for me has huge financial implications. In addition, I am concerned about emergency care that could not be found in our area. Do I have a case to fight him - it will end up in court. Thanks.
I have a cousin who was (is) paying child support. He as of 4 weeks ago now has the 2 children. The ex gave him the child support card but has direct withdraw on it for her GYM MEMBERSHIP! Is that against regulations? I always thought the money was for the kids not the mother. So now the money he paid in has still been spent to better the mom and he has the Kids...Please, I cant find any answers to this anywhere.
Meribeth, yes you have a case. Make sure you get a lawyer.
Good luck.
Anonymous in Denton County, a geographical restriction to a specific county in Texas is so that the non-custodial parent can have frequent access to the child. If you live in South Padre and he lives in Denton, that is hardly promoting frequent access.
That is not to say that you cannot get a restriction to Texas, you can get it by agreement, or a court may even order it given the correct factual scenario.
Good luck.
If he has the children, he needs to modify the current order to stop his current child support and perhaps get her to pay support.
You bring up a good point about child support going to other items. A parent can spend the child support however they like, the reason being that other funds are being spent on the children. Money from some source is paying rent, electricity, etc... How she chose to spend the funds that she received, from whatever source, is up to her.
Have your cousin contact an attorney for assistance.
Good luck.
Geographic restrictions are why women should pay $500 for a vial of "stuff" rather than sleep with a man.
I traveled in communist Eastern Europe and this restriction on where one can live is very close to totalitarianism.
Anonymous, the restriction is not on where the parents live. They can live anywhere they like. It is the children who are restricted to be close to the non-custodial parent. At least that is what the legislature would tell you.
I have a question . Is there a law in texas that under certin cercumstances, If I have my 3 children with me in a studio aprtment for like 3 weeks would a judge take my kids from me and give dad custody even if it was very temporary?Our house was forclosed on the land lord of whom we were renting from and this studio apartment was donated by a friend for a month to help us get back on our feet. help with this would be great Thank you.
Question:
Divorced in Nov 2006 in Harris County and geographical restrictions were placed on my ex-wife to Harris County and surrounding counties. I was extremely active in my daughters life until my ex stopped letting me see her. Domestic Relations and I filed suit and she had to appear in court and fined for not allowing me my visitations. (standard possession order)
In June of this year, 2009, she packed up and moved to Michigan without my consent of the Judges consent. I've not seen my daughter since, even though i went to Michigan on my regular weekend, but was unable to see her. I only get to talk to her about 5 minutes a month if that. I petitioned the AG office to have my child support reduced from the current $1k monthly to something more reasonable based on current earnings and the cost involved with attempting to go to Michigan and visit my daughter and they have indicated that they won't change. What are my options to get my ex-wife to allow my visitations and/or reduce my support?
I've spoken with private attorneys and they have all asked for a 3-5k retainer to get the process going. Don't have that kind of spare cash around...thoughts? My daughter is 10 and I still live in the Harris County area.
ptr
Chris, you said in your post that one way to maintain a geographical restriction is to stay active in your child's life well, I'm here to tell you, that's not the case in Guadalue County, Texas. I'm a joint managing conservator or my children and even though my ex-wife is the "custodial" parent, I proved in Court that the children spent more than half the time with me, I testified confidently that I had been to EVERY significant even in their life since the divorce, and showed that I had a daily relationship with them. The judge still allowed my ex-wife to take my children and live 5 hours away with them. SHe claimed that she had been searching for a teaching position for 2 years within the geographical restrictions and I brought public information requests from all the school districts surrounding her residence that showed that she had NEVER applied to them for a job. Still, she got the restriction lifted. So, by no fault of my own, without me doing anything but be a good father, never missed a child support payment PLUS i paid for their daycare, my children were taken away from me and I'm helpless to having the court make my kids another statistic.
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