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View Full Version : tx. can i leave state with son without tellin my x if i have full custody


mystyal2k5
12-15-2005, 11:12 PM
yeah i was wondering can i leave the state cause im going to be boxing in new york and im going to have to take my son. but my ex doesnt want me to take him but i have no choice cause thats where i might be living at in a few months. plus she's tryin to get visitation rights also which seems will interfer if he goes to new york with me. because she wants to see him every other weekend she says.another question could i get her in trouble if she tries to take off with my son when she gave me full custody?and do we have to agree or the judge on rather she can keep him for months or not.another thing whould it look bad on her part if she tried to get custody back?

jlgkpk
12-16-2005, 11:09 AM
First, is there any kind of ruling in Texas as to who has custody of the child. Is it in writing that you have full custody? If she has no visitation rights then I dont see why you cant take you child to New York with you. Second, if there is a court order on the child pertaining to custody, it should say wether or not you can move according to geographic locations. Mine for instance says I may move anywhere without regard to geographic location. Also, if you are moving because of a job I really think they would allow it even if she did receive visitation rights. They just wont be the standard visitation schedule. But be prepared, some judges will ask that you pay 50% of the travel costs if you move. Hope some of this helps, I ran into some of the same things and this is what they have told me.

mystyal2k5
12-16-2005, 11:30 AM
First, is there any kind of ruling in Texas as to who has custody of the child. Is it in writing that you have full custody? If she has no visitation rights then I dont see why you cant take you child to New York with you. Second, if there is a court order on the child pertaining to custody, it should say wether or not you can move according to geographic locations. Mine for instance says I may move anywhere without regard to geographic location. Also, if you are moving because of a job I really think they would allow it even if she did receive visitation rights. They just wont be the standard visitation schedule. But be prepared, some judges will ask that you pay 50% of the travel costs if you move. Hope some of this helps, I ran into some of the same things and this is what they have told me.


well the custody isnt offical yet. we have to still get the legal documents. but she was already sorta making a fuss about me going to new york but me going to new york is pretty much a job because im following my boxing career.and she wants visitation jus for every other weekend she says. and the travel cost im paying in full i didint think she had to pay some also but if she does then so be it.haha. but i dont want her stoping me when i do go to ny. i hope the judge will see my side in that matter.but how will she have visitation rights?? will i have to fly her to ny to see him?

jlgkpk
12-16-2005, 12:25 PM
She will have to pay 50% of all travel costs for visitation "maybe" wether flying your son down to her or driving down. Visitation will be something like 42 days in the Summer and every spring break and probably a week every christmas. ... just an example. But if she gave you custody and there is no legal documents on it or visitation, I would go ahead and go visit New York with your son.

mystyal2k5
12-16-2005, 12:47 PM
She will have to pay 50% of all travel costs for visitation "maybe" wether flying your son down to her or driving down. Visitation will be something like 42 days in the Summer and every spring break and probably a week every christmas. ... just an example. But if she gave you custody and there is no legal documents on it or visitation, I would go ahead and go visit New York with your son.


she's pretty damn gullible.if i say that she doesnt need to do visitation then she wont. cause i will let her see him whenever she wants.so pretty much the whole summer huh. i honestly dont think she's thinking right right now witht he whole giving me custody thing. but can she negotiate as much as me in court with the visitation since by then i will have full custody? and i can get her in trouble if she took off with him correct

jlgkpk
12-16-2005, 12:59 PM
If the court decides you have full custody and its legal... if she takes off with him when its not her visitation, then yes she will be in trouble. If she does not have custody of the child and takes off with him then she is essentially kidnapping. She will be given a chance to plead her case as to why she needs visitation. Unless she is a horrible mother she will be given visitation. As she should get visitation if she is fit to have it. If you move, the judge will decide the visitation schedule if you guys cannot come to an agreement.

mystyal2k5
12-16-2005, 01:28 PM
If the court decides you have full custody and its legal... if she takes off with him when its not her visitation, then yes she will be in trouble. If she does not have custody of the child and takes off with him then she is essentially kidnapping. She will be given a chance to plead her case as to why she needs visitation. Unless she is a horrible mother she will be given visitation. As she should get visitation if she is fit to have it. If you move, the judge will decide the visitation schedule if you guys cannot come to an agreement.


so if she isnt fit she has to get visitation? im confused. so if she is a good mother then how does her seeing our son fit in. so do we have to decide u think on the schedule ourselves.ok i thing i got it. so if shes a good mother she can visit him anytiem she wants as long as its cool with me correct?

jlgkpk
12-16-2005, 01:37 PM
I would think so... if she is a fit, good mother she will get visitation. A judge will set the schedule for you to go by if you cannot come to an agreement. The courts encourage both parents to be with the child as much as possible. If you both agree to more visitation than the judge schedules they will encourage it. The reason a visitation schedule is put into place is so that the non-custodial parent will have time with the child and you will legally have to let her see the child during those times no matter what. Its so that parents who do not get along will have something to go by. It is basically to ensure that both parents spend time with the child and so that the custodial parent does not try to keep the child away from the other parent. Hopefully you two can compromise well with each other and the child will have a good relationship with both parents.

mystyal2k5
12-16-2005, 01:50 PM
I would think so... if she is a fit, good mother she will get visitation. A judge will set the schedule for you to go by if you cannot come to an agreement. The courts encourage both parents to be with the child as much as possible. If you both agree to more visitation than the judge schedules they will encourage it. The reason a visitation schedule is put into place is so that the non-custodial parent will have time with the child and you will legally have to let her see the child during those times no matter what. Its so that parents who do not get along will have something to go by. It is basically to ensure that both parents spend time with the child and so that the custodial parent does not try to keep the child away from the other parent. Hopefully you two can compromise well with each other and the child will have a good relationship with both parents.

so in all i still have the majority say so right?

jlgkpk
12-16-2005, 02:15 PM
Well yes if you get in a court order that you have full custody of the child. I would think that your best bet would be to get the custody settled and in writing.

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