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Brandon M.
Brandon M., Counselor at Law
Category: Legal
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Experience:  Attorney experienced in numerous areas of law.
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I live in idaho now for 10 months...I want to leave my husband

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I live in idaho now for 10 months...I want to leave my husband and go back to texas with our daughter. if he files here is idaho would the judge make us come back since I have only been here 10 months?
Submitted: 1 year ago.
Category: Legal
Expert:  Brandon M. replied 1 year ago.

Brandon M. :

Hello there.

Brandon M. :

Thank you for your question. How old is your daughter?

Customer:

she will be 9 next month.... I filed for a divorce a little over a year ago in texas then he wanted to reconcile and move away from my family. I did, but we are back at it again and I want to go back to family. We lived in Texas for 7yrs before we moved here 10 months ago.

Brandon M. :

Thank you. Please allow me to explain how it works.

Brandon M. :

I should start by saying that because the nuances of every case are different, this information should not be construed as complete or advice without consulting with counsel in person. But that said, Idaho and Texas are UCCJEA states; this means, in short, that absent a court order to the contrary, a parent can relocate out of state with her children.

However, because ID and TX are a UCCJEA states, once the move is effectuated, the non-custodial parent can file for custody in the state of origin for up to six months. If mom and dad are both in ID and mom moves to TX, this means that dad can file for custody in ID for up to six months after the move which means that any court action could have to be fought out in the ID court.

"Mom" should also be aware that, under those circumstances, the ID court has the authority to order that the children be moved back to IN; this does not mean that the mother is in legal trouble, nor does it mean that the court will necessarily make that order, but obviously she is not going to be happy about having to relocate the children back to ID. The court prefers the children to stay primarily with the primary caregiver, but the court also prefers the children to have regular contact with both parents; the court's order will be whatever is in the children's best interests, and that obviously varies from situation to situation.

Brandon M. :

If "dad" does not file for custody in ID for those 6 months, mom has nothing to be concerned about, but otherwise she could be in for a major inconvenience.

So it can be done, and it can be done legally, but everyone involved in the move could be seriously inconvenienced.

Brandon M. :

The court will not necessarily require a move back to ID. The ID court could determine that the child is better off in TX. It depends on the circumstances.

Brandon M. :

You also have the option to file for custody in ID and simply ask that court's permission to move. The adage is that it is easier to ask forgiveness than to ask permission, but that is not always true in custody cases.

Brandon M. :

Does that make sense?

Customer:

Yes, Thank you!

Brandon M. :

Great. Did you have any other question?

Customer:

no.... that was the main legal question. Now ...just to decide if that's the inconvenience I want to journey through.

Brandon M. :

If you decide to move first, I recommend going over your case in person with an ID family law attorney. If your case has weaknesses that would expose you to a high risk of having to move back to ID, you will want to know that in advance. An in-person consultation is the only way to have security in that decision.

Customer:

Also, didn't mention our business is in TX too. He flys back every month for work. This I would hope is in my favor.

Brandon M. :

The concern with a child moving out of state is always how it will impact the relationship between the child and the parent left behind. Naturally, if the parent left behind is in the other state regularly on business, that is a mitigating factor.

Brandon M. :

Well, let me if further clarification is needed. Once you are completely finished, please feel free to leave a positive rating for me; it doesn't cost anything extra to do so, and it is the only way I may be compensated for my time. Thanks.

Customer:

Thanks!

Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12237
Experience: Attorney experienced in numerous areas of law.
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Brandon M.
Brandon M.
Attorney at Law
6340 Satisfied Customers
Attorney experienced in numerous areas of law.