help with custody case in texas ...

Status
Not open for further replies.

gsxrockstar

New Member
I live in Plano, Texas (suburb of dallas), collin county and I have a custody/relocation question. I will try and keep this as non confusing as possible. I do understand that each case has different circumstances wich result in different results so I am looking for opinions .... As I am starting to freak out.

My wife and I have a 2 year old daughter. I just recently filed for divorce in Collin County. We have temp orders hearing in 2 weeks.

mom wants to move to lubbock, texas and live with her grandparents so she can go to school. She feels that she has no life here once we are divorced. She wants me to get no more then the standard visitation (just to be mean i think).

dad would like her to stay here so we can have 50/50 split time with our daughter, I do believe that kids need equal time with both parents to form a life long bond.

mom assumes that since she is the mother that her being a mother trumps everything.

Mom and dad are both great parents and there is no domestic violence history, no alcohol or drug abuse history.

Dad has stable job, been with same company for 3 years. Dad carries 100% of the financial burdan of the family. Dad has taken the child to and from daycare every single day for the past 2 years.

Mom is currently a part time student in school with no job in the past 3 years.

Mom wants to move back to lubbock with her grandparents, who are both over 80 years old and live with them while she is in school. And or live with her mom, however her family is not stable and is not an environment I want my daughter living in.

I am confused on "best interest of the child", im not sure what factors weight in on determining this. My point of view is that we are both great parents however at this point in life I am better to take care of our child. The child has had the same doctors since birth, been at the same daycare since 6 weeks old and has a great and stable support system here with my family.

As far as "primary care giver" goes, we both share a close 50/50 on that one. I think I might have a slight edge when it comes to this since I take care of everything like taking and picking up from daycare, making medical arrangements etc etc. But when we are home we share responsibility evenly.

From reading on the net it seams to me that it will be tuff for her to move out of the county. My first concern is her moving, my second concern is visitation. I want 50 / 50 she wants the minimum.

I am going for primary (physical) possession of the child and asking that we get 50 / 50 .. she wants primary as well but wants the minimum for myself. hopefully we can work this out before we go to court.

Based on all the facts above .. any thought would be welcome ..
 
I live in Plano, Texas (suburb of dallas), collin county and I have a custody/relocation question. I will try and keep this as non confusing as possible. I do understand that each case has different circumstances wich result in different results so I am looking for opinions .... As I am starting to freak out.

My wife and I have a 2 year old daughter. I just recently filed for divorce in Collin County. We have temp orders hearing in 2 weeks.

mom wants to move to lubbock, texas and live with her grandparents so she can go to school. She feels that she has no life here once we are divorced. She wants me to get no more then the standard visitation (just to be mean i think).

dad would like her to stay here so we can have 50/50 split time with our daughter, I do believe that kids need equal time with both parents to form a life long bond.

mom assumes that since she is the mother that her being a mother trumps everything.

Mom and dad are both great parents and there is no domestic violence history, no alcohol or drug abuse history.

Dad has stable job, been with same company for 3 years. Dad carries 100% of the financial burdan of the family. Dad has taken the child to and from daycare every single day for the past 2 years.

Mom is currently a part time student in school with no job in the past 3 years.

Mom wants to move back to lubbock with her grandparents, who are both over 80 years old and live with them while she is in school. And or live with her mom, however her family is not stable and is not an environment I want my daughter living in.

I am confused on "best interest of the child", im not sure what factors weight in on determining this. My point of view is that we are both great parents however at this point in life I am better to take care of our child. The child has had the same doctors since birth, been at the same daycare since 6 weeks old and has a great and stable support system here with my family.

As far as "primary care giver" goes, we both share a close 50/50 on that one. I think I might have a slight edge when it comes to this since I take care of everything like taking and picking up from daycare, making medical arrangements etc etc. But when we are home we share responsibility evenly.

From reading on the net it seams to me that it will be tuff for her to move out of the county. My first concern is her moving, my second concern is visitation. I want 50 / 50 she wants the minimum.

I am going for primary (physical) possession of the child and asking that we get 50 / 50 .. she wants primary as well but wants the minimum for myself. hopefully we can work this out before we go to court.

Based on all the facts above .. any thought would be welcome ..


She may have problems wanting to move if it is really far away. Good for you for wanting your child to have a good relationship with both parents. You should hire a good attorney and go for full custody. Just because she is mom does not mean she will get what she wants.Hopefully she wont get what she wants and you not see your child very often. Good luck.
 
Some of the stuff that comes out her mouth just blows my mind. She just told me as the mother of our child she has more rights then I do as the father .. I just dont get that.
 
Some of the stuff that comes out her mouth just blows my mind. She just told me as the mother of our child she has more rights then I do as the father .. I just dont get that.


Well she does'nt have any more rights than you do. As you can see she sounds like she is going to try and put the screw to you so you best hire a good attorney and go for full custody and like I said be4...hope for the best.
 
i have already filled .. our temp orders trial is in 2 weeks. we are currently living together still so our child is not disrupted.

she has informed me that she will be moving out after temp orders, either into a new place or in with her brother. What sucks is that, she has no job and her school is over next week. And her school is out until next June. And her parents have tod her they will support her until then so she does not have to get a job. Which means at a new apartment or her brothers house, she will not have to be anywhere (ie school, work) and will take our child out of daycare.

This is bad news for me. Since the court will probably see that as better for the child. And its not like I can not quit my job, I wish I could though. Sucks that I have been working the past 3 years to pay for day care so she can sit at home and do nothing and now her parents are willing to give her money to live. And me busting my ass pretty much has no weight in court.
 
Dont throw in the towel just yet, You sound like a good father who loves his child. kepp on trying and hopefully all will work out fine.
 
Last edited:
Custody orders in Texas usually prohibit moves out of the county of residence or within a 50 (sometimes 100) mile radius of the marital home.

I don't see a judge allowing your child to be taken from Plano to Lubbock. She is free to move without the child, of course. Should she choose to do that, the child's travel
expenses (to and fro), would have to be borne by her.
 
response

Oh ya for sure she cant take her to lubbock, every lawyer I talked to while interviewing lawyers to retain said that there is slim to no chance of that happening.

What I am concerned about is in a couple of weeks at temp orders. the judge will allow her to go to her brothers in keller, wich is about 50 miles from where we are now I believe. That would require us to withdrawal her from her current school/day care that she has been attending since she was 6 weeks old. I do not want that to happen I think that would totally screw up my childs routine.

I am just hoping that the judge will either let me have physical custody (joint) so we can keep our child in the same routine. Or allow us to keep living together until the final divorce order is finalized.

Mom cant move to an apartment. She has no job, I even offered to pay for half of an apartment for 6 months. Her reply "fuck you you will never see your daughter"
 
Oh ya for sure she cant take her to lubbock, every lawyer I talked to while interviewing lawyers to retain said that there is slim to no chance of that happening.

What I am concerned about is in a couple of weeks at temp orders. the judge will allow her to go to her brothers in keller, wich is about 50 miles from where we are now I believe. That would require us to withdrawal her from her current school/day care that she has been attending since she was 6 weeks old. I do not want that to happen I think that would totally screw up my childs routine.

I am just hoping that the judge will either let me have physical custody (joint) so we can keep our child in the same routine. Or allow us to keep living together until the final divorce order is finalized.

Mom cant move to an apartment. She has no job, I even offered to pay for half of an apartment for 6 months. Her reply "fuck you you will never see your daughter"


You should start to document when she makes comments or does crazy things.
 
....What I am concerned about is in a couple of weeks at temp orders. the judge will allow her to go to her brothers in keller, wich is about 50 miles from where we are now I believe. That would require us to withdrawal her from her current school/day care that she has been attending since she was 6 weeks old. I do not want that to happen I think that would totally screw up my childs routine.

I am just hoping that the judge will either let me have physical custody (joint) so we can keep our child in the same routine. Or allow us to keep living together until the final divorce order is finalized.

Mom cant move to an apartment. She has no job, I even offered to pay for half of an apartment for 6 months. Her reply "fuck you you will never see your daughter"

I hope I didn't miss an important detail...

But if you've filed for divorce (including custody order), I don't see how she can be moved to Keller until your decree is final. Beyond that, if you're both capable, loving parents but you are gainfully employed and she is not, and you can keep her in the same school/area and routine...I think you should easily be able to get temporary custody until permanent custody arrangement is in place.

Also, in the permanent order, I'd recommend restricting residency to a county or even school district. I've had that done.
 
Status
Not open for further replies.
Back
Top