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Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 4823
Experience:  I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
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my daughter wants to move away with her 2 children. She has

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my daughter wants to move away with her 2 children. She has shared custody with her ex husband, who is very involved with his kids .He works 2 jobs to pay his child support. He does not want the children and her to move. She is married to a man that is not a good father model, who is estranged from his own children , and his children have been in jail for drugs. He has not held a job for long, and has no money. Bankruptcies and foreclosures. My daughter financially supports him. He is sarcastic and with constant disparaging remarks to the children.
He also had an affair with the Nanny. I feel my daughter is putting her children jeopardy with the influence of this man and taking them away from a loving natural father and the extended family of aunts, uncles, grandparents cousins. There is no family where they are moving.
According to the court she has to give him 90 days notice about moving.
Can anything be done to keep my grandchildren here with their natural father. I can not support my daughter in this, I believe this is not good for her children.
Can anything be done? What would suggest. I know this is long, but I had to explain.

texlawyer :

Good evening. I'll be assisting you with your question.

texlawyer :

Yes, there are a couple of options.

texlawyer :

The 90 days notice is not simply notice with the move as a foregone conclusion. The purpose of the notice is so that the father can ask the court to prevent the move by taking up the child custody issue again.

texlawyer :

Essentially, changes brought about by the relocation of a parent may, in a given case, be sufficient to justify a change in child custody.

texlawyer :

To make this determination, a court will look at many factors, including the distance of the move, the purpose, the impact on the parent-child relationship, and, ultimately, what's in the best interest of the child.

texlawyer :

So, once she gives that notice, the father has the right to file for custody or a modification of the current custody order.

Customer:

So what your are saying is that this will go back to court to modify custody and visitation ?

texlawyer :

If he wants to do that, yes.

Customer:

Will the negative character of the step father weigh in on the determination by the court?

texlawyer :

The court does not have the authority to issue an order preventing her from moving, but the court does have authority to alter the custody arrangement.

texlawyer :

Yes, the court will look at all the factors surrounding the move and will determine what's in the best interest of the children. The character of the person who is, in large part, raising them is certainly something that impacts what is in the best interest of the children.

Customer:

It is my daughter that is doing this and I can not support her. I am on the side of my ex son in law and feel custody should be given to him. The entire family which is very large is here and the stepfather is not good. It will only be my daughter and him with the children. Do you think we have a chance to change the custodial parent?

texlawyer :

Based on what you've said, there is certainly a chance, but it is difficult to say without knowing all of the facts and details of the case, the way an attorney representing the father would.

Customer:

Well thank you. Maybe there is a chance. We will speak to an attorney.

texlawyer :

Glad to help.

texlawyer :

Is there anything else I can do for you?

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