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colbycolon · Mar 29, 2009, 07:07 PM

I need to know what I need to do to move to Texas from California and is it legal for me to do so? With my 2 children ages 7 and 5, I was never married to their father which resides with in 25 to 30 minutes from me and my husband here in California, I have in the past moved to Texas with the children and came back due to not being able to find jobs and my family resides here in California, I do have the children 95 % of the time. I let him see the kids sometime on sundays for awhile, he pays child support. We were never married, what so I need to do to give my chilldren a better life, meaning my husbands father lives in Texas and is giving us his beautiful home with 6 acres of land to raise our children in, and the home is paid for, for now we are living in a 2 bedroom apartment with no yard and paying 1400 a month, please tell me what to do to give the children what they need. Thank you very much

cdad · Mar 29, 2009, 07:10 PM

The children need their father from the sounds of it. So unless you can get him to agree to the move and your going to make major consessions then your better off planning on staying.

colbycolon · Mar 29, 2009, 07:17 PM

I didn't finish my story, I'm married now, and the man I am with treats the children more as his own, the children's father is a pot smoker and I split with him because I have walked in on him smoking pot with the children in the room, he is also a felon due to dealing drugs through the us mail, he also didn't do anything before when I had moved

cdad · Mar 29, 2009, 07:21 PM

My answer stays the same. You will need to run this by the courts if you don't want to be dragged back.

colbycolon · Mar 29, 2009, 07:21 PM

Originally Posted by califdadof3

The children need thier father from the sounds of it. So unless you can get him to agree to the move and your going to make major consessions then your better off planning on staying.

I didn't finish my story, I'm married now, and the man I am with treats the children more as his own, the children's father is a pot smoker and I split with him because I have walked in on him smoking pot with the children in the room, he is also a felon due to dealing drugs through the us mail, he also didn't do anything before when I had moved

colbycolon · Mar 29, 2009, 07:32 PM

Originally Posted by califdadof3

My answer stays the same. You will need to run this by the courts if you dont want to be dragged back.

I didn't ask you what you thought, simply because I wasn't asking what anybody thought I should do, I was simply asking what I needed to do, I know what's best for my children, I'm no young immature person, who doesn't know what's best, I just wanted advice! And of all things you really don't know my life! So for anybody else's sake! Just advice them, don't give your thoughts on their lives!

cdad · Mar 29, 2009, 07:41 PM

Originally Posted by colbycolon

i didnt ask u what u thought, simply because i wasnt asking what anybody thought i should do, i was simply asking what i needed to do, i know whats best for my children, im no young immature person, who doesnt know whats best, i just wanted advice! and of all things you really dont know my life! so for anybody elses sake! just advice them, dont give your thoughts on their lives!

We get this question here a lot. And Im standing by the fact that you should run it through the courts. You might want him to agree to it first ( if possible ). Otherwise the courts could drag you back since your so intent on removing his rights to visitation. ( which the courts don't perceive as the best interest of the child until they have heard from all parties ).

colbycolon · Mar 29, 2009, 07:45 PM

Originally Posted by califdadof3

We get this question here alot. And Im standing by the fact that you should run it through the courts. You might want him to agree to it first ( if possible ). Otherwise the courts could drag you back since your so intent on removing his rights to visitation. ( which the courts dont percieve as the best interest of the child until they have heard from all parties ).

First of all there is no visitation, only child support, I choose to let him see the kids, because I would never keep them from him, but if I EVER CATCH HIM SMOKING POT AROUND MY CHILDREN AGAIN, I will see it in court to never let him see the kids again! But that's not my plan to why I want to move, I want to give the kids a better life!

colbycolon · Mar 29, 2009, 08:00 PM

Originally Posted by califdadof3

We get this question here alot. And Im standing by the fact that you should run it through the courts. You might want him to agree to it first ( if possible ). Otherwise the courts could drag you back since your so intent on removing his rights to visitation. ( which the courts dont percieve as the best interest of the child until they have heard from all parties ).

Are you just a member? Or a real expert? It said when I came on here that I would get an answer from a real expert!

cadillac59 · Mar 29, 2009, 10:11 PM

Califdadof3 has summarized for you what most will tell you: if you want to move to Texas you will either have to secure a written agreement from the dad allowing you to move, submit it to the court for an order, or go to court directly and secure the order yourself over the dad's objection, which can be a fairly long process (6 months - one year, or longer). If you move without the dad's OK and he objects, you risk having to return the kids to California or , at the least, litigating the issue here.

That's about it.

stevetcg · Mar 30, 2009, 04:03 AM

Originally Posted by colbycolon

are you just a member? or a real expert? it said when I came on here that I would get an answer from a real expert!

Well, he is a lawyer... so YOU decide if he is a real expert or not.

And drop the attitude and thank him for telling you the TRUTH, not just what you want to hear.

AlpineAnnie · Mar 30, 2009, 05:50 AM

Why is there no visitation order? Usually when child support is ordered, visitation/custody etc. are handled at the same time? You ALLOW him to see the kids sometimes for a couple of hours on a Sunday? (Does he not smoke pot then?) Regardless - as the EXPERT has told you - you need to file a Motion with the Court asking for permission to remove the children from the state. Generally, within that Motion it will explain the reasons (i.e. better home; better financial opportunities; extended family of your husband) and your ex will have the opportunity to reply to that Motion with his reasons you should not be permitted to remove the children from the Court's jurisdiction. Then the Court will decide. If you are permitted to move be prepared to cover a large portion of the cost for your kids to travel to see their father or for him to visit them as well as be prepared for the issue of visitation to be addressed on terms that are more fair to your ex than what you are "allowing". (Saying that only if the Court wasn't the one involved in restricting visitation).

If you take the children to Texas without the Court's permission, it's possible that your ex can then take you to court for removing the children and interfering with his visitation rights.

cdad · Mar 30, 2009, 10:51 AM

Originally Posted by colbycolon

are you just a member? or a real expert? it said when I came on here that I would get an answer from a real expert!

No Im not a lawyer nor do I practice law in any way. I pass on information from research that I do based upon case law I find and apply it to a given situation. Some things require many hours looking and some only minutes. I do my best to help. I also base things on my experience with the court system ( which may include personal bias ) but I call it as I see it.