tag:blogger.com,1999:blog-21560112.post8241753180920569664..comments2023-08-02T10:18:55.776-05:00Comments on Texas Family Law Blog: residency restriction in texasChris Schmiedekehttp://www.blogger.com/profile/05252893456286036003noreply@blogger.comBlogger172125tag:blogger.com,1999:blog-21560112.post-64757920850657321152016-02-12T21:53:14.107-06:002016-02-12T21:53:14.107-06:00I am amazed at the time you have taken to read and...I am amazed at the time you have taken to read and answer all these comments! So helpful! You are awesome. I have found some great advice in here to my current custody modification questions. I appreciate you.Anonymoushttps://www.blogger.com/profile/12855081519789124988noreply@blogger.comtag:blogger.com,1999:blog-21560112.post-62317660848588449952016-01-25T00:24:01.022-06:002016-01-25T00:24:01.022-06:00So much great information on your blog. I don'...So much great information on your blog. I don't know if you're still answering this blog but I'll put my question out there and see if you respond. My boyfriend recently went to a temporary orders hearing related to a geographical restriction in Texas. He won at the hearing and the judge maintained the restriction. The mom has primary custody, and took a job 4 hours away and left the kids in the hands of her 86 year old grandmother instead of letting the father, who lives less than 10 minutes away take them. The judge was not happy about that at all. But there's no evidence that they are in danger, and though he initially wanted to move the kids to my boyfriend, he decided to leave things the way they are. He also scolded both of them for not getting along, which I think they both needed, especially since they are both attorneys. When the mom realized he might give the kids to my boyfriend she blurted out in court that she'd quit her job before she gave them to him. During the temporary hearing, her attorney asked if he was dating. He said he had a girlfriend. The attorney then asked how long we had been seeing each other, how often we saw each other, whether I had children and their ages. He did not ask my name. I'm not sure why he didn't. But I've never met the children and have no immediate plans to do so. Her attorney then used that in summation to say that during a period of time, about six weeks, at the end of last school year, my boyfriend had the kids because she had taken the new job. He took them during the week and she came down on weekends. Her attorney tried to say that the reason he never took his kids was because he wanted to spend time with his girlfriend. No evidence was offered that that was the case and there's no pattern of him not seeing his kids because of me. In fact, I have always told him to do whatever he needed to do where they were concerned. It's a huge mess as you can see. A mess I don't want to be involved in. I have worked hard to keep my name from her to stay off the radar until I'm ready to deal with her toxic personality. I've seen her at work and all she does is attack my boyfriend. I'm just not ready for that. Since I've never met the kids and don't have any immediate plans to do so, can they ask for information about me like my name? Aggiegirlyhttps://www.blogger.com/profile/16958702528432357613noreply@blogger.comtag:blogger.com,1999:blog-21560112.post-78224189926978022702015-12-19T15:53:35.034-06:002015-12-19T15:53:35.034-06:00I am the primary custodian of a child in Texas. Cu...I am the primary custodian of a child in Texas. Currently, the geographical restriction I have limits me to Montgomery County and any county contingent thereto.<br />The child's father has a history of drug use and alcohol abuse. He must submit to drug tests to maintain his visitation.<br />He has had several periods in which he has not exercised his visitation, and has only a very basic involvement in our child's life. He exercises his visitation (although much is exercised by his parents and they lie about it). He is not involved with his school. He is not involved in his health (he has tried to stop two medically necessary surgeries our son has had to have to avoid brain infection and deafness to avoid paying for them).<br />He has been physically abusive towards me in front of our son, although the court neglected to really do anything about it.<br />He has only recently begun to pay his child support (after the threat of jail time). Our son is 5.<br />Also, he keeps his permanent address listed at his parents house but rarely stays there.<br />He tells our son terrible things (lies to him about his last name, tells him he will try to take him from me). Our son hates it, but attempts at any intervention on the matter leads to more trouble. <br /><br />The noncustodial parent has a data entry job somewhere.<br /><br />I am applying to graduate school for a master's degree in organic geochemistry. The pay upon graduation is often above $89,000.<br /><br />Not many schools offer the degree, but I am capable of attaining it.<br /><br />What are my chances of having the restriction lifted so that my son may move with me and my husband (who has been in the picture virtually all of his stepsons life).<br /><br />His biological father simply does everything in his power to make me miserable, including the parental undermining described above. I do not believe he would "allow" the move, just for spite. <br /><br />I will not go to graduate school if my son is not allowed to move. It is in the best interest for him and myself as it would lead to a much better lifestyle in the near future.<br />Custodial parent question....https://www.blogger.com/profile/12609939675714608217noreply@blogger.comtag:blogger.com,1999:blog-21560112.post-79445836892110696852015-10-22T11:20:53.511-05:002015-10-22T11:20:53.511-05:00Question: My ex and I share joint custody where ou...Question: My ex and I share joint custody where our son lives with me half of the time and then with her the other half. In 2010 the court signed an order stating my son was restricted to the isd in which he goes to school. The ISD and school registration paperwork is all through my address. My son has been registered since Pre-K and is currently in 7th grade. His mother has always lived about an hour away which is nowhere near the ISD in which he is restricted to. She is the custodial parent per the divorce decree. Would this give me any chance at gaining custodial rights since his mother has chosen not to live within our sons restricted school district?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-21560112.post-41273102510340159472015-09-29T13:04:29.877-05:002015-09-29T13:04:29.877-05:00Sounds like your attorney may be covering their be...Sounds like your attorney may be covering their behind. However, they may also know something about that specific judge that leads them to believe that what they are advising is the truth.<br /><br />However, in general, I do not think that what you are requesting is too outlandish and that it seems a judge would be inclined to grant what you ask.<br /><br />Have you spoken to the father about this? Perhaps y'all could save a lot of money and just agree on the new terms.<br /><br />Good luck. Let me know if you have any more questions.Chris Schmiedekehttps://www.blogger.com/profile/05252893456286036003noreply@blogger.comtag:blogger.com,1999:blog-21560112.post-17910579059879006382015-09-29T11:43:43.507-05:002015-09-29T11:43:43.507-05:00Question: I live in Denton County. My ex lives in ...Question: I live in Denton County. My ex lives in Denton County. We have a restriction of Frisco ISD. Originally he had primary custody for 4 years she was mainly with him due to my residence and job, i took all the visitation i was allowed however. Then for 2.5 years with no court hearing he allowed her to start spending 50% of her time with me. MT/WTH/every other wknd split. Two years ago at the behest of my daughter we switched and she is now with me full time. They do nothing but argue. He does get her, occasionally takes her to school early or picks her up late for tutoring but otherwise she only sees him for his scheduled visits which she will typically have a friend stay, or she goes to a friends or they end up arguing so much i either have to get her or put them in time out.<br />I have met a wonderful man with 22 years in a great industry, he makes a very generous living, has a beautiful home on several acres, 3 great kids my child adores and also lives in Denton County but Lewisville schools.<br />My daughter wants to move away from Dallas all together to a smaller country town and has for years. <br />My attorney says a judge will give her back to her father. I dont want to continue the relationship if it puts her in jeopardy because it is heading for marriage. I just cant imagine a judge would tell me i have to give her back to a man she hates, or stay in Frisco isd. He also has a geographic restriction and our quality of life would much improve. The drive is only about 25 minutes and in the same county. <br /><br />Your opinion would be much appreciated. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-21560112.post-55831122499839100462015-08-04T07:28:00.698-05:002015-08-04T07:28:00.698-05:00Hi chris a few questions I reside in Dallas county...Hi chris a few questions I reside in Dallas county and have the current residency restrictions in place. I'm the custodial parent. I have meet someone we are having a baby. He is from Louisiana, and thats where will be moving in a month, because his family lives there, and I have no family other than my daughter in Texas so the move makes since, so we will have help with the future baby. My daughters father (non-custodial_ parent wants me to flip the current divorce decree, basically make him the full custodial parent and pay child support (leave my daughter with him) I tried to be nice because I know they have a special bond we gave him two options she goes with us and you get here holidays and summer or she can stay with you, and we get her summer and holidays. I told him I would put a stop on child support he she satyed with him, but know he wants everything. The decree states he is to cover her on his insurnace but if mine is cheaper to put her on mine, and he is to reimburse me the amount paid for her, he did not reimburse me for any insurance payments until recently so for 6 1/2 years I got nothing and he would only agree to give me half the past year. Basically he owes me 12,500 just in back insurance. Can I enforce that he pay this? Also can my daughter stay with him without making him the custodial parent?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-21560112.post-63917042961235903132015-07-26T04:58:09.440-05:002015-07-26T04:58:09.440-05:00Dear Chris,
I am moving to Chicago in a couple of ...Dear Chris,<br />I am moving to Chicago in a couple of months with my three year old son to go to school and for better job opportunities. The thing is I have joint custody of my son and he lives with me. I have residency restrictions but he hasn't seen his son in almost two years, and he also hasn't changed my son's name or gotten the birth certificate changed like the judge ordered. I'm nervous to do anything through the court because I don't want him to come around and try to stop us from moving to be revengeful. He is paying child support but he hasn't seen his son, or even acknowledge him when he sees him when we happen to bump into each other. I have gone to court several times and the judge keeps giving him chances and he always ends not showing up for visitation. I don't know what to do but I'm afraid to even stir things up because I don't want him to stir any trouble especially how terrified my son gets around him and his family. Please help me. I really want to go to Chicago and further my education and get certified as a nurse. I already applied to several jobs and have interviews but I'm terrified to do anything and have him try to get me in trouble just to be vindictive. Please I'm begging you help!Just Angelahttps://www.blogger.com/profile/09818258381777383212noreply@blogger.comtag:blogger.com,1999:blog-21560112.post-20343145231451396592015-05-17T15:15:33.661-05:002015-05-17T15:15:33.661-05:00I am a single mom. My daughters (9 yrs old)father ...I am a single mom. My daughters (9 yrs old)father sees her when he wants to, and most of the time wants me to bring her or pick her up. He has never taken her to any doctor, never been to any parent teacher conference, open house or program. He owes $20,000 + in child support, and does not provide health/dental insurance. What are the chances of getting the geographic restriction lifted, so I can be near all of my family for support in N.Carolina, since I have none here.Julianoreply@blogger.comtag:blogger.com,1999:blog-21560112.post-35598660748600175492015-02-06T22:05:08.902-06:002015-02-06T22:05:08.902-06:00Hi Chris,
I am not even sure you will see this s...Hi Chris, <br /><br />I am not even sure you will see this since this post is more than a few years old. My husband has a very odd situation in where him and his ex-wife have a geographic restriction to Tarrant County and then the school districts comprising Aledo and Weatherford school districts only. His ex-wife was working in the Fort Worth ISD as a teacher and left after 3 months to work in Granbury (Johnson County) as a teacher's aide. The two children will be starting school in August and she is threatening to enroll them in the ISD she works because it is easier for her to take them to school. Does this violate the geographic restriction as the primary residence should restrict where they go to school? <br /><br />The biggest issue for us is that we have more than normal custody. We have the children every Saturday- Tuesday and we live in Keller which is over an hour and a half from Granbury without traffic. We would have to take them to school on Mondays and Tuesdays and this limits our access as I work in Plano and he works in North Fort Worth as well. <br /><br />Any help you can give would be greatly appreciated. I have not seen anything on the actual changing of school districts but staying in the primary residence area. Feels like she is trying to find a loop hole. Ashleynoreply@blogger.comtag:blogger.com,1999:blog-21560112.post-38635644349090586662015-01-27T17:57:00.066-06:002015-01-27T17:57:00.066-06:00My husband was cheating on me. He decided to tell ...My husband was cheating on me. He decided to tell me that he no longer was happy and wanted to end our marriage. So my three children and I moved with our dogs to my moms place in Colorado four months ago from texas. My kids have been in school and sports for the four months we have been here. Can he force us to move back and uproot my children again. All our family is here in Colorado and this is where we get our support. My kids are happy here and say that they don't want to move back to Texas. They want to be close to family. We don't have the family connections in Texas. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-21560112.post-45134584934495543192015-01-08T13:25:18.520-06:002015-01-08T13:25:18.520-06:00My agreement states Tarrant county and wise county...My agreement states Tarrant county and wise county and counties contiguous to Tarrant County and Wise County. Does this mean it must border both Tarrant County and Wise County or either?<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-21560112.post-16626451593854797162014-12-18T17:14:07.516-06:002014-12-18T17:14:07.516-06:00My daughter is sick her husband filed for devorce ...My daughter is sick her husband filed for devorce another state the problem is they were married 27 yrs he gave her nothing and got her for child support on an 18 yr old she cannot fight her state of mind is off into space I just want her health insurance pd how can I stop the divorce till she is all well againAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-21560112.post-58224014592694245912014-11-05T14:14:21.043-06:002014-11-05T14:14:21.043-06:00Regarding pick up/surrender of the child, my ex mo...Regarding pick up/surrender of the child, my ex moved out of Dallas (contiguous) County in 2007 and had to start picking up our daughter at my residence. Recently, we moved to Ellis (contiguous) County and she claims that she no longer has to be responsible for picking her up. She refuses to drive 10 extra miles (one-way) and I have been having to do the commute both ways so I can see my daughter. The lawyer says we will not be in contempt if we stand our ground and surrender her at our house, regardless if she shows up. Of course, the ex will be calling the police and we're worried about what would happen with that, too.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-21560112.post-48429941804127726092014-09-14T14:54:48.728-05:002014-09-14T14:54:48.728-05:00Hello Chris. I stumbled across this post while se...Hello Chris. I stumbled across this post while searching for answers. I am hoping you can help a little. Here goes- On June 28 I drove a 20ft uhaul with a trailer towing my car with our 3 year old daughter from Carmel Indiana to Hereford TX to stay with my husband's parents. My husband had lost his job in February and I could not sustain expenses and daycare alone- plus our landlord advised that he would not be extending our lease which was up June 30 due late/unpaid rent. My husband had just gotten the job April 15 2013 after being fired from his other job where we had relocated to Michigan on September 23, 2011 and being fired January 24th 2013. We had moved approximately 7 times in 4.5 (mid 2009 through early 2014) years due to his job instability. While in Michigan my husband was arrested for Felony DU I (his 4th) which makes job offers few and far between now. Anyway, after being in Texas for 2 weeks my husband decided to come as well. He does love our daughter very much. He is however very emotionally abusive to me still (has been physically abusive prior to Texas) in front of our daughter. My husband and his family are all Hispanic and I am white. (Our daughter obviously mixed) I basically am staying in a hostile environment and stay in the room where I sleep every minute I am home if not feeding, bathing or caring for our daughter. There are jokes made about "white people" in front of myself and my daughter often. I have only been staying here 2.5 months. Neither my husband nor I have a Texas license (still Indiana) and I would like to move to my Dad's in Mustang Oklahoma- approx 4 hrs and 20mins away. I am technically not a resident of Texas and only began working here 3 weeks ago. I am scared to keep staying here- no one even speaks to me. They simply interact like I do not even exist in the house. What are my options of leaving with our daughter without getting myself in trouble? Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-21560112.post-73304305717297651232014-09-09T15:36:18.349-05:002014-09-09T15:36:18.349-05:00I'm currently dealing with my ex-wife violatin...I'm currently dealing with my ex-wife violating her geographical restriction. We had a MSA that was unclear not stating shall or shall not have a geographical restriction and who shall or not have exclusive right, but had “other: checked and said state of Texas. That being said, we have an agreed divorce decree signed by both of us, drafted 2 months after the MSA, and it has a geographical restriction we've been living by. She has no job and no house so she left to live with a relative. Can this be enforced and will a judge turn over the signed and agreed Divorce decree due to an MSA?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-21560112.post-46509210477658445072014-09-03T17:01:23.455-05:002014-09-03T17:01:23.455-05:00my sons father moved from texas(where I live) to o...my sons father moved from texas(where I live) to oklahoma before I could take him to court.<br /><br />We are going to court soon and he has made no attempt to see his son in 7 months. I was just wondering if I could possibly get the courts to agree on he cant take my son so far out of dallas county because I nor my family trust him taking my son 5 hours away to oklahoma city.Jennoreply@blogger.comtag:blogger.com,1999:blog-21560112.post-45207688700113542862014-06-23T15:40:23.143-05:002014-06-23T15:40:23.143-05:00I have a restriction for my daughter, however I ju...I have a restriction for my daughter, however I just recently lost my mom and I've only live in Texas because I was in foster care and was sent here to live with my grandpa and had all intentions of moving home then I might my ex husband and we had our daughter two weeks before my mom passed my grandpa passed so the inky family I have here are all drug heads etc and I don't have anything to do with that or have my daughter around that all my brothers sisters etc live where I'm from u have an awesome support group there and family group there and amazing business opportunities not only for myself but for my husband my ex husband has went to only 1 school event that my daughters had in 2 yesrs doesn't take her to the doctor when she's sick, doesn't even have her 50% of the time when my daughter has her visitation there and has even skipped vacations for extra vacations not including the child more than one occasion what are my odds of getting the order lifted Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-21560112.post-15226485359979563372014-06-05T08:44:49.291-05:002014-06-05T08:44:49.291-05:00I have question concerning residency restriction. ...I have question concerning residency restriction. My ex-husband and I have a modified court order stating that we will both reside in Montgomery County and we both are joint managing conservators. He is wanting to move with my daughter to another county that is over an hour away from where we live and her current school. I take her to all her after-school activities including dance practice, all her dentist/doctors visits, and volunteer at her school. Can he legally move away with her without any consequences? I am scared about losing my 13 year old daughter and she doesn't want to choose between us. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-21560112.post-68485401241769962992014-05-29T11:00:06.915-05:002014-05-29T11:00:06.915-05:00Anonymous, without a court order in place, there i...Anonymous, without a court order in place, there is nothing stopping you from moving or requiring you to notify him.<br /><br />The only thing he would be able to do to stop you would be to file a lawsuit.<br /><br />Hope that helps. Wouldn't be a bad idea to have a local attorney in the event he does file something.Chris Schmiedekehttps://www.blogger.com/profile/05252893456286036003noreply@blogger.comtag:blogger.com,1999:blog-21560112.post-87803973036961825662014-05-29T10:58:22.990-05:002014-05-29T10:58:22.990-05:00Sharon, just follow your orders. If you gave prop...Sharon, just follow your orders. If you gave proper notice and there is no restriction in your order then there is no reason you should not be able to move.<br /><br />In this scenario, the only way he could stop it would be to file a motion with the court.<br /><br />You need to let an attorney review your decree of divorce and confirm you are reading it correctly.Chris Schmiedekehttps://www.blogger.com/profile/05252893456286036003noreply@blogger.comtag:blogger.com,1999:blog-21560112.post-14786190771812778592014-05-28T11:00:55.022-05:002014-05-28T11:00:55.022-05:00Hi - I have some questions in regards to relocatio...Hi - I have some questions in regards to relocation. My ex husband moved to California from Austin right before our divorce was final. He's been residing there for the past 5 years since our divorce. I've been a full time mom since - he visits maybe once a year for a week. I believe he's seen his son a total of 2 1/2 months in 5 years. I plan to move to Florida at the end of June. I gave him proper notice. Now he's saying he won't allow us to move. I didn't see a residency restriction on our decree. I do see that I need to give notice to courts and him about the move. Is he able to stop me from moving to Florida? Us moving does not hinder his relationship. Since he sees him very rarely - however, they do FaceTime 2-3 times a week. Is he able to not allow me to leave? Would he have to take it to court? Am I stuck staying until he may or may not file? I want to make sure I do all the steps legally to be able to move.Sharonnoreply@blogger.comtag:blogger.com,1999:blog-21560112.post-79603158833789535462014-05-26T22:52:06.429-05:002014-05-26T22:52:06.429-05:00Hello,
I have a 2 year old son and his father and...Hello, <br />I have a 2 year old son and his father and I were never married nor have we drawn up or established custody legally through the courts). His father is very active in his life currently we have worked out visitation and financials on our own. Currently I am engaged and pregnant and my fiancé lives in Chicago, Il. Can my son's father prevent me from moving to Chicago and do I have to go through the court to notify him (officially). Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-21560112.post-81033556486640531422014-05-20T13:55:29.842-05:002014-05-20T13:55:29.842-05:00The only place a case would be transferred would b...The only place a case would be transferred would be to the County in which the child is living.Chris Schmiedekehttps://www.blogger.com/profile/05252893456286036003noreply@blogger.comtag:blogger.com,1999:blog-21560112.post-21410899798080364692014-05-20T13:37:00.319-05:002014-05-20T13:37:00.319-05:00You're so nice to spend your time answering ev...You're so nice to spend your time answering everyone's questions! <br /><br />I just have a quick one: My divorce was in a county near Dallas years ago. I'm supposed to live in neighboring counties around Dallas. My ex moved out of Texas before the divorce was finalized. <br /><br />If I move- let's say to Austin or even to another state, can he then file for a change of venue to the state he lives in since neither of us will be living in the orginal county/area where the orders are in place now? Anonymousnoreply@blogger.com