Comments on: Relocation Cases http://houstondivorce.com/blog/2008/06/relocation-cases/ By Board Certified Family Law Attorney Scott Morgan Fri, 28 Oct 2011 12:11:11 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Scott http://houstondivorce.com/blog/2008/06/relocation-cases/comment-page-1/#comment-1776 Scott Fri, 28 Oct 2011 12:06:26 +0000 http://houstondivorce.com/blog/?p=16#comment-1776 Emma, those all sound like pretty good grounds to have the restriction lifted. Emma, those all sound like pretty good grounds to have the restriction lifted.

]]> By: Emma http://houstondivorce.com/blog/2008/06/relocation-cases/comment-page-1/#comment-1745 Emma Fri, 04 Mar 2011 02:48:48 +0000 http://houstondivorce.com/blog/?p=16#comment-1745 My daughter and grandson live in Texas. Final divorce decree orders my daughter and grandson to live in Texas, georaphical restriction. My grandson's father has not seen his son in over a year, no contact at all, not paying health insurance, never saw him for his birthday, spring break, christmas break etc. Can my daughter file a motion to lift the restriction? Will she win? My daugher and grandson have no family support in Texas, My daughter and grandson live in Texas. Final divorce decree orders my daughter and grandson to live in Texas, georaphical restriction. My grandson’s father has not seen his son in over a year, no contact at all, not paying health insurance, never saw him for his birthday, spring break, christmas break etc. Can my daughter file a motion to lift the restriction? Will she win? My daugher and grandson have no family support in Texas,

]]> By: Scott http://houstondivorce.com/blog/2008/06/relocation-cases/comment-page-1/#comment-1493 Scott Wed, 08 Dec 2010 21:25:54 +0000 http://houstondivorce.com/blog/?p=16#comment-1493 Hi Grace - yours sounds like a complicated case and not one that can easily be answered with a few sentences. My advice is to meet with several very good family law attorneys in Tarrant County until you find someone who you are comfortable with that has a plan for your case. Hi Grace – yours sounds like a complicated case and not one that can easily be answered with a few sentences. My advice is to meet with several very good family law attorneys in Tarrant County until you find someone who you are comfortable with that has a plan for your case.

]]> By: Grace http://houstondivorce.com/blog/2008/06/relocation-cases/comment-page-1/#comment-1485 Grace Tue, 19 Oct 2010 19:45:37 +0000 http://houstondivorce.com/blog/?p=16#comment-1485 I have been divorced since '05, my son was born that same year. I reconnected and got back with my child hood sweetheart, a female as well. My decree has the geo. Restriction to stay in smith county or any county contigous. My son and I have lived in Tarrant county with my partner since June '08. We have no family support or friendships here, and having difficulty finding stable work. My family has dis-owned me, but my partners family is very supportive and loving to us but they live in Nevada. I spoke to my ex husband about relocating Oct. '09 and he was fine with it. We had a house set up and jobs found etc by Feb... when I called him to let him know at that time we were going to start the move he said no. This is so hard on my son and us as a family because we were all ready. My ex does pay his child support but has neglected to report changes in his employment, and refuses to involve himself in how our sons life is at home. He is only involved when it is time to pick our child up for his 36 hour weekend a month. My partner and I have done everything to try and involve him with what's going on, invite him to father days at school, invite him to our sons sports games, and never shows interest. He doesn't even take his full summer with his son? My son doesn't like going to his house, he doesn't like that all of his cousins and aunts/uncles are in Nevada and California, I know with all of my heart that my child will benefit so much more in life to be close to his family, and have the chance to spend more quality time with dad with longer term visits. What do I do? What can I do? What are the first steps? So far I have changed the venue from smith to tarrant county. I have spoken to an attorney that closed me out quick with telling me no and that if I do it I would have to put my son on a plane once a month??? That's not in his best interest!! Also, being outside of the restriction for over two years... how does that affect the restriction? I have been divorced since ’05, my son was born that same year. I reconnected and got back with my child hood sweetheart, a female as well. My decree has the geo. Restriction to stay in smith county or any county contigous. My son and I have lived in Tarrant county with my partner since June ’08. We have no family support or friendships here, and having difficulty finding stable work. My family has dis-owned me, but my partners family is very supportive and loving to us but they live in Nevada. I spoke to my ex husband about relocating Oct. ’09 and he was fine with it. We had a house set up and jobs found etc by Feb… when I called him to let him know at that time we were going to start the move he said no. This is so hard on my son and us as a family because we were all ready. My ex does pay his child support but has neglected to report changes in his employment, and refuses to involve himself in how our sons life is at home. He is only involved when it is time to pick our child up for his 36 hour weekend a month. My partner and I have done everything to try and involve him with what’s going on, invite him to father days at school, invite him to our sons sports games, and never shows interest. He doesn’t even take his full summer with his son? My son doesn’t like going to his house, he doesn’t like that all of his cousins and aunts/uncles are in Nevada and California, I know with all of my heart that my child will benefit so much more in life to be close to his family, and have the chance to spend more quality time with dad with longer term visits. What do I do? What can I do? What are the first steps? So far I have changed the venue from smith to tarrant county. I have spoken to an attorney that closed me out quick with telling me no and that if I do it I would have to put my son on a plane once a month??? That’s not in his best interest!! Also, being outside of the restriction for over two years… how does that affect the restriction?

]]> By: Stephanie http://houstondivorce.com/blog/2008/06/relocation-cases/comment-page-1/#comment-1483 Stephanie Fri, 01 Oct 2010 21:10:51 +0000 http://houstondivorce.com/blog/?p=16#comment-1483 I am a non-custodial parent of a 12 year old who decided to live with her father. I have just moved less than 5 miles outside the contingent counties and my ex's attorney is trying to make me drive to pick up AND return my child to her father's house each weekend I have her (about 90 miles roundtrip), despite the judge specifically stating she wants "whatever is standard for Texas Possession Order" to be in the Final Decree. I am having a hard time finding any information about this online, and am representing myself in court, as I can't afford an attorney at this time. I need clarification on who is responsible for picking up and returning the child, as I was told by an attorney previously that with us living less than 100 miles away from each other, we are each responsible for 50% of the travel. Any help is greatly appreciated. I am a non-custodial parent of a 12 year old who decided to live with her father. I have just moved less than 5 miles outside the contingent counties and my ex’s attorney is trying to make me drive to pick up AND return my child to her father’s house each weekend I have her (about 90 miles roundtrip), despite the judge specifically stating she wants “whatever is standard for Texas Possession Order” to be in the Final Decree.

I am having a hard time finding any information about this online, and am representing myself in court, as I can’t afford an attorney at this time. I need clarification on who is responsible for picking up and returning the child, as I was told by an attorney previously that with us living less than 100 miles away from each other, we are each responsible for 50% of the travel.

Any help is greatly appreciated.

]]> By: Scott http://houstondivorce.com/blog/2008/06/relocation-cases/comment-page-1/#comment-1465 Scott Wed, 23 Jun 2010 22:45:22 +0000 http://houstondivorce.com/blog/?p=16#comment-1465 Mary, the term in the Decree you will need is the "right to establish the child's residence without geographical restriction." However, this is extremely difficult to get in court, without the other party's agreement. Mary, the term in the Decree you will need is the “right to establish the child’s residence without geographical restriction.” However, this is extremely difficult to get in court, without the other party’s agreement.

]]> By: Mary Lee http://houstondivorce.com/blog/2008/06/relocation-cases/comment-page-1/#comment-1464 Mary Lee Fri, 18 Jun 2010 19:27:40 +0000 http://houstondivorce.com/blog/?p=16#comment-1464 I am filing for divorce and may need to relocate next year. Is there anything I should try to put in my final decree to help me next year with the relocation? Of course I am going to try to put no restrictions on the geo. location part of the final decree, but I am sure my ex will not agree, and not sure if the judge will agree with the no geo. restrictions. I am filing for divorce and may need to relocate next year. Is there anything I should try to put in my final decree to help me next year with the relocation? Of course I am going to try to put no restrictions on the geo. location part of the final decree, but I am sure my ex will not agree, and not sure if the judge will agree with the no geo. restrictions.

]]> By: Scott http://houstondivorce.com/blog/2008/06/relocation-cases/comment-page-1/#comment-1444 Scott Tue, 26 Jan 2010 23:18:47 +0000 http://houstondivorce.com/blog/?p=16#comment-1444 Karla, based on the details you provided I think you got pretty accurate advice from the consult you did with your lawyer. Karla, based on the details you provided I think you got pretty accurate advice from the consult you did with your lawyer.

]]> By: Karla http://houstondivorce.com/blog/2008/06/relocation-cases/comment-page-1/#comment-1443 Karla Thu, 21 Jan 2010 20:21:42 +0000 http://houstondivorce.com/blog/?p=16#comment-1443 Scott, There's a geographical restriction in my decree that states I am to reside in Harris County and counties contigous to Harris County. The only son in question is my 16 year old who will be 17 years old in 3 1/2 weeks. My ex husband and I were divorced in January of 2009 with "joint managing conservators." As far as possession, the decree states that "... possession of the each child at all times agreeable to between ____ and the child." I am now recently married and my husband lives in a different state. My son hasn't seen his father since August of 2009 and my ex hasn't pursued visitation. He also hasn't spoken to my son on the phone person-to-person since August and has only left a message on his phone at Christmas. My son has expressed his desire for wanting to move out of the state and has no desire to want to see his father and/or talk to him. We want to join my husband at his state of residence as quickly as possible. I emailed my ex asking if he would agree to our son moving to the state where my husband lives, as well as removing the geographical restriction. My ex's response was "no." I've consulted with a lawyer, but felt extremely dismayed after the consult since I was told it would probably be at least six months before we could get a court date, temporary orders MAY allow my son to move out of state with me, but the chances are highly unlikely the judge would agree to that since my son would be moved from our current home, to another state and (quite possible) back to Harris County. I was also told that the Judge may listen to the wishes of my son, but not until we the case actually goes to court, as opposed to him hearing my son's wishes during the temporary orders hearing. Our divorce was originally done in the 245 Judicial District in Harris County. Please advise me if all hope is lost. I'm feeling so hopeless right now and really don't know where to turn. Scott,
There’s a geographical restriction in my decree that states I am to reside in Harris County and counties contigous to Harris County. The only son in question is my 16 year old who will be 17 years old in 3 1/2 weeks. My ex husband and I were divorced in January of 2009 with “joint managing conservators.” As far as possession, the decree states that “… possession of the each child at all times agreeable to between ____ and the child.” I am now recently married and my husband lives in a different state. My son hasn’t seen his father since August of 2009 and my ex hasn’t pursued visitation. He also hasn’t spoken to my son on the phone person-to-person since August and has only left a message on his phone at Christmas. My son has expressed his desire for wanting to move out of the state and has no desire to want to see his father and/or talk to him. We want to join my husband at his state of residence as quickly as possible. I emailed my ex asking if he would agree to our son moving to the state where my husband lives, as well as removing the geographical restriction. My ex’s response was “no.” I’ve consulted with a lawyer, but felt extremely dismayed after the consult since I was told it would probably be at least six months before we could get a court date, temporary orders MAY allow my son to move out of state with me, but the chances are highly unlikely the judge would agree to that since my son would be moved from our current home, to another state and (quite possible) back to Harris County. I was also told that the Judge may listen to the wishes of my son, but not until we the case actually goes to court, as opposed to him hearing my son’s wishes during the temporary orders hearing. Our divorce was originally done in the 245 Judicial District in Harris County. Please advise me if all hope is lost. I’m feeling so hopeless right now and really don’t know where to turn.

]]> By: Scott http://houstondivorce.com/blog/2008/06/relocation-cases/comment-page-1/#comment-1427 Scott Mon, 02 Nov 2009 15:19:10 +0000 http://houstondivorce.com/blog/?p=16#comment-1427 Hi Maria - the standard judge's use when determining whether to lift a geographical restriction is the best interest of the kids. That is a relatively subjective determination and it depends a lot not only on the facts of your case but also the particular beliefs of the judge hearing the case. In the counties where I practice (Harris and Fort Bend) judges are generally against the idea of letting the primary parent move the kids away when the other parent is reasonably involved. This is also generally true of juries. There are definitely exceptions to that general rule, but it is usuallly an uphill battle for the parent who wants to move. My best advice is get a very good family law attorney who 1) is experienced in geographical restriction cases, and 2) knows the predispositions of your particular judge. Good luck with your case! Hi Maria – the standard judge’s use when determining whether to lift a geographical restriction is the best interest of the kids. That is a relatively subjective determination and it depends a lot not only on the facts of your case but also the particular beliefs of the judge hearing the case. In the counties where I practice (Harris and Fort Bend) judges are generally against the idea of letting the primary parent move the kids away when the other parent is reasonably involved. This is also generally true of juries. There are definitely exceptions to that general rule, but it is usuallly an uphill battle for the parent who wants to move. My best advice is get a very good family law attorney who 1) is experienced in geographical restriction cases, and 2) knows the predispositions of your particular judge. Good luck with your case!

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