mystyal2k5
12-18-2005, 11:19 PM
I was wondering if we set up a verbal agreement with visitation can i still move to a different state with my son without any consequences as long as I have full custody of him?
View Full Version : tx. can a verbal visitation agreement be broken?
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mystyal2k5 12-18-2005, 11:19 PM I was wondering if we set up a verbal agreement with visitation can i still move to a different state with my son without any consequences as long as I have full custody of him? Whyte Noise 12-19-2005, 12:29 AM You have to notify the other parent of the move, and they can then contest it if they choose. If you have an older order that does not restrict the children's domicile to a particular area, you are still required to give the other party 60 days notice of your intent to move the children, and if the other party wants to try to stop you from moving, they will likely file for a temporary restraining order preventing you from moving until a hearing can be held. At the time of the hearing, it will be your burden to show the court some compelling reasons why you need to move. Some compelling reasons the court may consider would be that your job is moving you and you can't find comparable work locally, or that your family resides elsewhere and you need their help and support with the children Why are you so adamant about NOT taking this to the court and getting it made legal? And verbal agreements are generally worth as much as the paper they're written on. Read: nothing. rini 12-19-2005, 06:26 AM hello if you move without permission the other party has 6 months under the UCCJA Uniform Child Custody Jurisdiction ACT (Fed) to file and can force you to move back to the original state having jurisdiction In your case TX> verbal agreements are worthless as Whyte noise stated previously. The other party can actually get an order fairly easily giving temporary custody to them in TX til case is settled which would establish defacto custody for them and perhaps loose your case for you in the long run. You are much better off to get an agreement and file it with your local court. Perhaps you can get the other parent to agree to the move if you do some work putting a parenting plan together and work out a schedule for visits and other details putting the best interests of the child first. I always tell anyone working on a Parenting Plan that the more detail oriented it is the better for all involved. address all areas of potential conflict and cover all your bases. Example parenting plans can be found easily. some great ones for example can be found at www.deltabravo.net/custody in the articles section. Good luck rini mystyal2k5 12-19-2005, 10:12 AM You have to notify the other parent of the move, and they can then contest it if they choose. If you have an older order that does not restrict the children's domicile to a particular area, you are still required to give the other party 60 days notice of your intent to move the children, and if the other party wants to try to stop you from moving, they will likely file for a temporary restraining order preventing you from moving until a hearing can be held. At the time of the hearing, it will be your burden to show the court some compelling reasons why you need to move. Some compelling reasons the court may consider would be that your job is moving you and you can't find comparable work locally, or that your family resides elsewhere and you need their help and support with the children Why are you so adamant about NOT taking this to the court and getting it made legal? And verbal agreements are generally worth as much as the paper they're written on. Read: nothing. I'm so in a rush with doing it because I have a good possibility of moving to new york next month and i was told that if it went to court it would take 30 to 45days to get seen by a judge. And i have a january deadline to see a trainer in New York and I dont wanna miss it. By the way im in boxing :) Whyte Noise 12-19-2005, 10:48 AM And the answers still won't change. In order for you to legally have custody a new court order will have to be granted for that to happen. You can't just sign a piece of paper, have it notarized, and that trump a court order. It won't. That's what we have been trying to tell you. You and your ex can "agree" all you want, but the fact is that SHE will still have legal placement of the child until you get anothr order signed by a judge saying that you do. If you both agree to this change, draft a stipulated motion, both of you sign and notarize it (yes, it has to be notarized (verified) to file with the courts usually), take it to the courthouse, file it, get a court date, and since you both agree with the custody change a judge should have no problem signing off on it. Dude, if you do this without going about it the legal way it could come back to bite you in the *** big time. Which is more important? Your boxing career or getting the legal aspects of custody of your child in order before you take off out of state? mystyal2k5 12-19-2005, 04:10 PM And the answers still won't change. In order for you to legally have custody a new court order will have to be granted for that to happen. You can't just sign a piece of paper, have it notarized, and that trump a court order. It won't. That's what we have been trying to tell you. You and your ex can "agree" all you want, but the fact is that SHE will still have legal placement of the child until you get anothr order signed by a judge saying that you do. If you both agree to this change, draft a stipulated motion, both of you sign and notarize it (yes, it has to be notarized (verified) to file with the courts usually), take it to the courthouse, file it, get a court date, and since you both agree with the custody change a judge should have no problem signing off on it. Dude, if you do this without going about it the legal way it could come back to bite you in the *** big time. Which is more important? Your boxing career or getting the legal aspects of custody of your child in order before you take off out of state? yeah your right. but i did state if i had full custody at that time. |
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