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soloprac
soloprac, Family Law Attorney
Category: Family Law
Satisfied Customers: 664
Experience:  Five years of exclusive practice in family law including but not limited to mediation and trial.
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Yes My husband has recieved a letter two days ago about how

Customer Question

Yes My husband has recieved a letter two days ago about how we've neglected to let my step daughters mom have a relationship with her. When she's called when she has wanted and only a total of three times in the past two years. Her mom moved to Indiana about five years ago and didnt keep contact with her. I meet my husband and he decided to move to Fort Worth, Tx so we could start our life together. His decree says he cant move without 100 miles of Caldwell County. We never thought it would be an issue seeing in how she already moved and neglected to keep constant contact. Well we stopped her moms mom from seeing her because my step daughter came back this christmas telling us her grandma took it upon herslef to tell her why her mother left and basically asking her a hudred questions about if I mean to her or if I hurt her. So my huband and I thought it was best for her not to see her. What should we do my step daughter dosent wanna go visit them except when she wants to.
Submitted: 5 years ago.
Category: Family Law
Expert:  soloprac replied 5 years ago.

DearCustomer

 

Is there a custody order in place?

 

Thanks.

Customer: replied 5 years ago.
Yes they have had joint since 99. The grandma just wants to exercise the moms rights even though the mom lives in another state.
Expert:  soloprac replied 5 years ago.

First, grandma cannot exercise mom's rights. If mom wants to assert her own rights fine but grandma cannot do it for her - she would have to seek grandparent's rights if that was something she was interested in doing.

 

As far as following the order, if it's been a case where neither party has followed it and mom does not seem to care I would not see any problem with what you are doing.

 

However, if mom decides to make a stink about this your husband could be held in contempt for failing to follow the order. I understand that she would also be in contempt and the likely result would be a hassle for all parties and a slap on the hand(s).

 

Sincerely,

 

soloprac

Customer: replied 5 years ago.
So event though she only contacts her daughter once a year for the last six years and owes back child support and hasnt kept a realtionship with my step daugter and my step daughter dosnet want to go cause she likes where she lives now they will make him move back or what?
Expert:  soloprac replied 5 years ago.
Oh, no - I can't see any court making him move back now. The time for fighting the relocation has long passed. It would not be fair to him to even consider a motion for that now.
Customer: replied 5 years ago.
So the grandma is trying to say she can pick her up because the court orders state another adult can pick her up. But seeing as in her mom lives in another state can the grandma still pick her up? Because my huband and I feel like it's not best for her to see her with the grandma trying to explain uneccesary things to her that she hasnt asked.
Expert:  soloprac replied 5 years ago.
I would say that you are within your rights by refusing to let grandma pick her up if you have legitimate reasons for not wanting that. If mom really wants to see her she should come pick her up herself.
Customer: replied 5 years ago.
So what are the laws on relocation? Because they have lived her only a year. We dated a year before they moved. Not to mention that her grades and test scores have went up to A's and B's when she was failing. So since she dosent wanna go do we have to force her to go?
Expert:  soloprac replied 5 years ago.

Wait one second.... I was under the impression that the move happenned 6 years ago?

Customer: replied 5 years ago.
NO! They got divorced 6 years ago. And the court order was set. But the mom only exercised her rights the first 6 months. Then only saw her once a year because the grandma came and picked her up. And we didnt have a problem untill she started explaining things that didnt need to be explained!
Expert:  soloprac replied 5 years ago.

There are several things the court would consider in a relocation case:

 

- is the relocation in your child's best interest (i.e. the court will look at how the move will improve your family's situation - this could include having a better job, having more family support, entering a stable relationship, and more)

 

- the noncustodial parent would have access that will continue the relationship

 

- how long ago the relocation occured ( i.e. if a party has put up with it for so long is a strike against him/her.) The court will evaluate whether the move was best for the kids. In most cases it's not best to uproot them yet again

Customer: replied 5 years ago.
So yet again though we dont have to let the grandmother pick up my step daughter? Because we feel that it's not ok for her psychological well being!
Expert:  soloprac replied 5 years ago.
As I said before as long as you have legitimate concerns about grandma picking her up then you should be okay.
Customer: replied 5 years ago.
Would you consider legitimate concerns being telling her why her mother left. Also when she didnt even ask and it's not be the truth. Also asking her if I was mean to her and hurt her. Even thugh she dosent havy any signs of neglect nor abuse from our house.
Expert:  soloprac replied 5 years ago.
Yes, I would consider that a legitimate concern. It has everything to do with what you believe is in the best interest of your child.
Customer: replied 5 years ago.
So should we hire an attorney ?
Expert:  soloprac replied 5 years ago.
At this point I do not believe you have the need for an attorney. However, should anything be filed in regard to this situation - relocation or modification paperwork - you should seek the advice of a local attorney.
soloprac, Family Law Attorney
Category: Family Law
Satisfied Customers: 664
Experience: Five years of exclusive practice in family law including but not limited to mediation and trial.
soloprac and 13 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
ok thank you
Expert:  soloprac replied 5 years ago.
You are welcome. Good luck!

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