QUESTION

What type of complaint or document do I need?

Asked on Sep 27th, 2019 on Child Custody - Texas
More details to this question:
I have joint custody of my daughter who is 14yrs old, and her mother is planning to take her to Seattle, WA for six straight months without my consent. My daughter does want to go of course, because it's her mother, and her mother is going to have chemotherapy while there. I not trying to be insensitive, because honestly I do care. But I just want to protect my rights of being able to see my daughter as much as l can. The court order gives me the right to see my daughter every other week. But her mother seems to not really care about that, but only seems to care about taking my daughter with her, regardless of the rights that I have as her father under court order. I also been led to believe, that her mother has convinced our daughter that she needs to be there with her the whole time. Despite the fact that she want be able to see me as ordered.
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1 ANSWER

Children Attorney serving Fort Worth, TX at The Law Office of Zoe Meigs, P.C.
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If you want to prevent Mom from taking your daughter to live in Seattle either temporarily or permanently, check your order for a restriction that states the mother may not move your daughter out of the State. That provision will be enforced if you take the Mother to court to enforce it with a Petition to Enforce the geographic restriction.   You could also file a Petition to Modify the court orders and request primary custody of your daughter.   If there is no restriction in the court order and you do not want to request custody, then your recourse will be to wait until after the mother has failed to turn over daughter at the time and place the order states you are supposed to be able to get your daughter at the beginning of your possession periods.  This is a highly technical type of suit for which most people need an attorney's help. My concern is that this is a time when both Mother and daughter need you to be flexible and understanding.  You are not, of course, required to do that.  If you do not think it is in your daughter's best interest to be the caregiver for her mother in this situation, or for your daughter to be taken out of her school, then you may have grounds for a custody change.  Maybe you would want to compromise and offer to take care of your daughter here but to pay for her to fly up to see her mom a couple times.  On the other hand, maybe you could consider visting your daughter in Seattle while she is there with her mother.  While you may miss some of your visits, you will still have an opportunity to spend time with your daughter, and both she and her mother will likely appreciate the efforts and expense you go to in order to accomodate mom's serious illness.
Answered on Oct 16th, 2019 at 9:36 AM

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