Does Custody Order Still Stand?

[txdad]

My ex-wife and I got a divorce in California and a custody order was in place that gave me Tuesday, Thursday and every other weekend. Several years have passed and I moved to Texas for work. A year later, she moved to Texas with my daughter and we resolved some issues and moved back in together and carried on a relationship for 1 year. During this time she started seeing someone else and up and moved out. We live in the same condo complex now and she is insisting that I start paying her child support again (which I have no problem with), and enforcing the custody order again. She is also making statements about taking my daughter with her back to California. Can she legally do that? Seeing how we did get back together for a year, I was curious if I can fight to keep my daughter here in Texas. I know the first step is for me to hire an attorney, but I wanted to see what the response was on here and if anybody has had experience with this.

Thank you so much for any advice you can give!

 

[Proserpina]

Yep, hire an attorney. Mom can move wherever the heck she wants - but you have every right to prevent her from relocating the child.

How old is your daughter? Is she in school in Texas?

 

[txdad]

She is 10 and yes, she is in school here. While in California, her grades were not great, but since moving here she has been on the all A's Honor roll twice and never below the A/B Honor roll. She is involved with school activities and after school programs. That is what breaks my heart. She has done so well here and for her Mother to make threats like that is hurting both of us!

 

[Proserpina]

She is 10 and yes, she is in school here. While in California, her grades were not great, but since moving here she has been on the all A's Honor roll twice and never below the A/B Honor roll. She is involved with school activities and after school programs. That is what breaks my heart. She has done so well here and for her Mother to make threats like that is hurting both of us!

Then I think it's unlikely the court will allow Mom to relocate kiddo at this point unless Mom has some very compelling aces up her sleeve; she'll have to show WHY it's in kiddo's best interest to move - the burden of proof isn't on you to show why kiddo shouldn't move.

But I do recommend you speak with an attorney asap - if it were me, I'd be fighting tooth and nail on this one!

Good luck.