Legal Question in Family Law in Texas
The court recently certified myself and the mother of our 2-year old daughter as "joint managing conservators." Now I want to take my daughter out of state (in conjunction with gainful employment), enroll her in day care there, and then return her after some period of months (4-6) in accordance with the directive that once in my own residence, physical possession would be "as agreed or equally shared." However, if the mother disagrees with this plan, what legal protections, if any, would I have if I just went ahead? If the answer is "none", then I am perplexed -- wouldn't that make the mother the de facto SOLE managing conservator? The problem with "joint" decisions is that, if one person is fantastically immature, all negotiations just devolve into power plays. (The mother invited a registered sex offender to live in the home and entrust him with our daughter's care, and she expelled him only after I served her with court papers. But I was persuaded by my family to drop the court action on the fear the judge may do something completely unpredictable, such as place the child in foster care. As a result, this was not entered into evidence nor examined by a judge ... I am genuinely motivated by the best interests of my daughter, not a desire to "control" the mother, as she would insist). In addition, before my daughter starts school, I want to petition the court to certify the child's primary physical residence as being mine. I assume this is a realistic goal and more easily attainable than "sole possessorship." Thank you.
1 Answer from Attorneys
It sounds like the Judge who made this order isn't very smart.
The order seems to assume that you and Mom will always be able to agree.
If Mom isn't being agreeable, then the order isn't workable, and you need to ask the court to modify it (for the sake of your child).
"Sole custody" and "joint custody" aren't important; what's important is who has the exclusive right to determine the child's "primary residence" (translation: "The kid lives with me").
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
