Can My Wife's Ex Do This?

[RMarc]

Hi, my wife got divorced from her ex in October of last year (when it became final).We married this March. In the divorce decree, it limited her children to Ft Bend county, a suburb of Houston. I live in Harris county. When I married my wife, she moved in with me. He is now sending her nasty letters demanding she move back to Ft Bend county (we are only 15 miles apart from eachother as it sits right now).

Also, isn't he, as the non-custodial parent responsible for half of all medical costs, child care, and school supplies, among other things? He has not sent her a dime for any of this stuff, he only pays his child support and his monthly payment for his half of the vehicle they shared.

Can he do this? Any help you can give me would be greatly appreciated.
Thanks,

-Robert

 

[Proserpina]

Hi, my wife got divorced from her ex in October of last year (when it became final).We married this March. In the divorce decree, it limited her children to Ft Bend county, a suburb of Houston. I live in Harris county. When I married my wife, she moved in with me. He is now sending her nasty letters demanding she move back to Ft Bend county (we are only 15 miles apart from eachother as it sits right now).

Also, isn't he, as the non-custodial parent responsible for half of all medical costs, child care, and school supplies, among other things? He has not sent her a dime for any of this stuff, he only pays his child support and his monthly payment for his half of the vehicle they shared.

Can he do this? Any help you can give me would be greatly appreciated.
Thanks,

-Robert

He cannot demand SHE return, no - but he can absolutely take her back to court and request his kids are returned. Frankly if the kids are only 15 miles away AND Dad's visitation is not impacted at all, I can see a judge getting quite ticked for wasting the court's time.

And he may or may not be responsible for half of those things - it all depends on what the decree actually says. It's not automatically 1/2 - y'know?

 

[RMarc]

Is there any way for us to get this changed? We are currently both full time college students, and we are only about 4 miles from the school we go to.

People move away all the time, not just to a neighboring county, but sometimes across the state. It just doesn't seem right for him to be able to force us to move.

-Robert

 

[Proserpina]

Again, he can't force the adults to move.

But he can - if his request is granted - force his children to be returned.

Which would mean Dad gets custody....


So, Mom needs to petition the court to have the order modified.

 

[army judge]

Hi, my wife got divorced from her ex in October of last year (when it became final).We married this March. In the divorce decree, it limited her children to Ft Bend county, a suburb of Houston. I live in Harris county. When I married my wife, she moved in with me. He is now sending her nasty letters demanding she move back to Ft Bend county (we are only 15 miles apart from eachother as it sits right now).

Also, isn't he, as the non-custodial parent responsible for half of all medical costs, child care, and school supplies, among other things? He has not sent her a dime for any of this stuff, he only pays his child support and his monthly payment for his half of the vehicle they shared.

Can he do this? Any help you can give me would be greatly appreciated.
Thanks,

-Robert

In Texas, it isn't custody.
In Texas, we call it conservatorship.
Usually, one parent is the managing conservator.
Otherwise, they are joint conservators.

If the decree says "Ft. Bend County", Texas judges take that literally.
It isn't about miles, if the decree specifies a certain county.
If the kids are NOT in that county, someone will have some explaining to do.
The judge might allow it.
Most judges don't want to hear it.
If the decree isn't being adhered to as written, someone will be allowed a chance to comply.
If they fail to comply, they COULD lose custody.

I suggest you seek a modification allowing you to stay where you are (if you want to keep the kids with you).
Your reasons are certainly valid ones.
Tell that to the judge and you might be okay.
I've known some Texas judges that do not care.
They will order the kids to be given to the other parent, summarily.

As Prosperpina said, the adults can do anything they want.
The kids must live where the decree instructs.

I suggest you remedy this immediately.
This is the time to negotiate, not demand.
If the decree didn't order the father to pay for health care, then it isn't his responsibility.
If it ordered him to pay, then it is.
Texas looks to the four corners of the document (decree).
If it isn't in the document, it isn't a violation.
If it is in the document, and you're not doing it, you're out of compliance.

 

[Duranie]

Does Dad pay child support? If so then why would he be liable for school supplies? That is what she gets child support for. He does not have to pay her anything outside of child support unless court orders say so. Does mom work at all? If not then I do not know why Dad would be paying for child care.

As far as moving, 15 miles is not a big deal in most courts. But she needs to remember the child is not just hers its DSads too and she just cannot get up and move. If she drives the added distance she created maybe that will shut Dad up?

It is good that you are concerned but this is between Mom and Dad.

 

[RMarc]

Coming back to my old situation here, how would I go about filing a petition to modify the divorce decree. I went to Ft. Bend county court house today, and they told me I have to bring it in to the court, but I don't know where to even get started.

Can anyone help me with this?

 

[irish223]

Coming back to my old situation here, how would I go about filing a petition to modify the divorce decree. I went to Ft. Bend county court house today, and they told me I have to bring it in to the court, but I don't know where to even get started.

Can anyone help me with this?

First, can you say how this move is in the best interests of the children?

Will you be representing your wife in court?

Are you planning to request that the ex pay half of the child care, medical, and school supply costs too?

How old are the children? How many times have they changed schools?

It's too bad you weren't more involved in your wife's divorce proceedings so that you could have prevented some of these problems.

 

[RMarc]

Well, will I have to go before a judge to ask him for a modification, or is there some sort of form to fill out to do this? I don't even know how to begin doing this.

I would prefer not to represent my wife, but we do not currently have a lawyer.

Can I put those requests into the court as well, to get him to pay half of the day care?

The children are 8 & 6. They have yet to change schools.

I tried telling her not to sign the final decree until she was happy and to keep going to mediation, but she wanted to just get the divorce over with, so she signed it, knowing it was restricting her to Ft Bent county.

 

[irish223]

Well, will I have to go before a judge to ask him for a modification, or is there some sort of form to fill out to do this? I don't even know how to begin doing this.

I would prefer not to represent my wife, but we do not currently have a lawyer.

Can I put those requests into the court as well, to get him to pay half of the day care?

The children are 8 & 6. They have yet to change schools.

I tried telling her not to sign the final decree until she was happy and to keep going to mediation, but she wanted to just get the divorce over with, so she signed it, knowing it was restricting her to Ft Bent county.

Well, someone will have to go before a judge. Forms will have to be filled out and filed beforehand. The father will have to be notified so that he can respond and appear at the hearing. You can start here in the family law section:

http://www.texaslawhelp.org/TX/index.cfm

If you aren't a lawyer, you can't represent your wife in court.

Your wife can request anything she wants. IMO, she stands little chance of changing the decree.

She agreed to the county restriction, then only 5 months later moved out of the county. The children will most likely have to change schools. The father will be inconvenienced by the added distance when exercising his visitation. It seems to me that the move is detrimental to the children. I don't think a judge will be swayed by your argument that you only live 4 miles from the school you and the mother attend. The fact that it's in your best interests does not mean it's in the children's best interests.

 

[RMarc]

Yeah, but as the situation stands, he's only 30 minutes away from us at the moment, and I can live within Ft bent county, about an hour and a half away from him. He can be inconvenienced even more that way.

 

[irish223]

Yeah, but as the situation stands, he's only 30 minutes away from us at the moment, and I can live within Ft bent county, about an hour and a half away from him. He can be inconvenienced even more that way.

Yes, but that would be inconvenient for you too then.

 

[army judge]

Yeah, but as the situation stands, he's only 30 minutes away from us at the moment, and I can live within Ft bent county, about an hour and a half away from him. He can be inconvenienced even more that way.

Usually domicile restrictions are very hard to change, unless both parties agree. Her best and fastest bet is to give something to get something. This is the time for her to negotiate, not demand. Give something, get something.


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[BayState]

Hi, my wife got divorced from her ex in October of last year (when it became final).We married this March. In the divorce decree, it limited her children to Ft Bend county, a suburb of Houston. I live in Harris county. When I married my wife, she moved in with me. He is now sending her nasty letters demanding she move back to Ft Bend county (we are only 15 miles apart from eachother as it sits right now).

Also, isn't he, as the non-custodial parent responsible for half of all medical costs, child care, and school supplies, among other things? He has not sent her a dime for any of this stuff, he only pays his child support and his monthly payment for his half of the vehicle they shared.

Can he do this? Any help you can give me would be greatly appreciated.
Thanks,

-Robert

Is there a reason that your wife can't post regarding her own custody issues?


sigh...

Please tell her that CO's are ORDERS not suggestions.

 

[BayState]

Coming back to my old situation here, how would I go about filing a petition to modify the divorce decree. I went to Ft. Bend county court house today, and they told me I have to bring it in to the court, but I don't know where to even get started.

Can anyone help me with this?

Ahhh.... As, LEGALLY, this has nothing to do with you...You may not file a thing.

Unless, of course, you are a licensed attorney in TX?