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Question about child custody and divorce

Posted on 8/6/22 at 11:25 am
Posted by TexasHand
Mississippi
Member since Sep 2013
974 posts
Posted on 8/6/22 at 11:25 am
Short of it is, we currently live in the same town as my mother but my soon to be ex wife is going to attempt to move back to Texas where her parents are. We live in a “joint custody” state, I have no red flags in my background and I’ve been the soul provider for my family the last four years. Chances a judge would allow her to take our daughter and move? Yes, I will have a good lawyer soon.
Posted by Hou_Lawyer
Houston, TX
Member since Jun 2019
1863 posts
Posted on 8/6/22 at 11:29 am to
Divorce decree should limit where she can take the kid by geographical restrictions. State-dependent but is likely the case. Make sure it’s in the decree.
Posted by Hou_Lawyer
Houston, TX
Member since Jun 2019
1863 posts
Posted on 8/6/22 at 11:48 am to
If she’s thinking about leaving before the divorce is finalized, you’ll likely need to seek a TRO to stop her once you know for sure.
Posted by keakar
Member since Jan 2017
29861 posts
Posted on 8/6/22 at 11:53 am to
quote:

my soon to be ex wife is going to attempt to move back to Texas where her parents are.


looks like you are moving to texas then if you want to see your daughter

judges will always side with moms and moving to take care of relatives is extra credit on their side against you so the judge DGAF about your wishes or if you are put out by it
Posted by DownSouthCrawfish
Simcoe Strip - He/Him/Helicopter
Member since Oct 2011
36203 posts
Posted on 8/6/22 at 11:54 am to
Damn the OT is going through it today.
Posted by Tigeralum2008
Yankees Fan
Member since Apr 2012
17125 posts
Posted on 8/6/22 at 11:56 am to
You need to rush to a family attorney and file for separation. 50/50 custody but Request to be the domiciliary parent. That gives you legal authority to decide where the child resides

You must get the legal stuff in place ASAP if you wish to prevent her from running away with your child
This post was edited on 8/6/22 at 11:56 am
Posted by OysterPoBoy
City of St. George
Member since Jul 2013
34931 posts
Posted on 8/6/22 at 11:57 am to
Get ready for her to claim you forced her to move away from her family and claim you have mentally traumatized her.
Posted by Chucktown_Badger
The banks of the Ashley River
Member since May 2013
31030 posts
Posted on 8/6/22 at 11:58 am to
quote:

I’ve been the soul provider


Can’t underestimate the importance of providing soul.
Posted by AnAmericanGirl
Member since Feb 2019
506 posts
Posted on 8/6/22 at 12:00 pm to
You need to file for divorce first in your home state to keep her from leaving. Do not let her move and file where she moves. In Louisiana a parent has to obtain permission from the other parent or the court to move out of state.

Now if she is only moving a couple of hours away and seeing the children won't be an issue then you can work out an agreement.

You need to speak with a family law lawyer asap.
Posted by BBONDS25
Member since Mar 2008
48009 posts
Posted on 8/6/22 at 12:01 pm to
quote:

looks like you are moving to texas then if you want to see your daughter judges will always side with moms and moving to take care of relatives is extra credit on their side against you so the judge DGAF about your wishes or if you are put out by it


This is bad advice. Get a lawyer asap.
Posted by Naked Bootleg
Member since Jul 2021
1803 posts
Posted on 8/6/22 at 12:02 pm to
quote:

judges will always side with moms


Was not the case in my situation. I used to think this was true as well. Female judge, gave me everything I asked for.

Sorry you’re facing this OP but you’ll be a new man after it’s all settled.

Posted by Wolfhound45
Hanging with Chicken in Lurkistan
Member since Nov 2009
120000 posts
Posted on 8/6/22 at 12:03 pm to
quote:

… I’ve been the soul provider for my family the last four years.
You’re a soul man?

Posted by TexasHand
Mississippi
Member since Sep 2013
974 posts
Posted on 8/6/22 at 12:05 pm to
Haha sole provider damnit…
Posted by Motorboat
At the camp
Member since Oct 2007
22663 posts
Posted on 8/6/22 at 12:07 pm to
quote:

soul provider


Posted by CocomoLSU
Inside your dome.
Member since Feb 2004
150535 posts
Posted on 8/6/22 at 12:09 pm to
quote:

I’ve been the soul provider for my family the last four years.

Posted by jacost7
Covington, LA
Member since Aug 2007
223 posts
Posted on 8/6/22 at 12:15 pm to
I am pretty sure you want the divorce to happen in Louisiana vs Texas. Most of the guys I know that have been divorced in Texas say they were taken to the cleaners unless the divorce was amicable. Even then, it was 50/50.
Posted by GeauxJeaux78
Member since May 2020
734 posts
Posted on 8/6/22 at 12:16 pm to
Agreed. As a man, I got custody of our son from my ex-wife and she is supposed to pay ME child support of all things. It was an extreme win for my son.

For starters, while I was working and her staying home, she didn't even bother getting up to get him to school...he missed 30 days of Kindergarten and 45 of the 1st grade, with an equal amount of tardies. Not exagerrating either. Had no clue, and Truancy never contacted me.

We went through a custody evaluation process which revealed all sorts of mental instability on her end. That was really the deciding factor.

She ended up getting pregnant with someone random in Carencro, then moved to Texas soon after. She is barely a part of his life now.

Definitely get a lawyer to keep the child in this state though!
This post was edited on 8/6/22 at 12:17 pm
Posted by Tiger n Austin
Austin, Tx
Member since Dec 2005
6682 posts
Posted on 8/6/22 at 12:20 pm to
I live in Texas and have full custody and I got to keep my / our house. Pay no child support either
Posted by BluegrassBelle
RIP Hefty Lefty - 1981-2019
Member since Nov 2010
98898 posts
Posted on 8/6/22 at 12:22 pm to
quote:

You need to rush to a family attorney and file for separation. 50/50 custody but Request to be the domiciliary parent. That gives you legal authority to decide where the child resides

You must get the legal stuff in place ASAP if you wish to prevent her from running away with your child



This. You need to get that family lawyer like yesterday.
Posted by Mid Iowa Tiger
Undisclosed Secure Location
Member since Feb 2008
18565 posts
Posted on 8/6/22 at 12:24 pm to
Not sure what state yo are in, I just went through it with my ex. Hire a great lawyer (the best you can afford) and try, but the deck is stacked against you.

I am now looking at moving to Ohio because that is where the courts allowed my ex to take our children (from Texas). That is after having a MSA in place that "limited" her to Dallas county and the surrounding counties.

A great lawyer still doesn't equate to a win. You have to ask yourself how bad of a fight do you want to put up and still potentially lose. By "potentially" I mean likely.

Fathers have about 2/3rds the rights as mothers in family court, we are like the negroes of old...
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