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My finance's ex wife told us yesterday that she's moving to…

My finance's ex wife...

My finance's ex wife told us yesterday that she's moving to Honduras with his 14 year old daughter. It does say in the custody papers that she can go anywhere with her at any time, but she'll be moving down there with her 3 young kids from her current husband, and my finance's daughter without her current husband. I need to know if there's anything we can do to stop this. Honduras is one of the countries with the highest murder rate, and she's not even taking her husband. Is there anything we can do??!

Lawyer's Assistant: What steps have you taken? Have you filed any papers in Honduran family court?

No, all we've done is speak with his ex wife, and I'm looking through his custody paperwork from when they divorced now.

Lawyer's Assistant: Have you talked to a lawyer about this yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't know what info I need to get them or what they'll need, so I guess no...

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Answered in 19 minutes by:
5/8/2018
fiftyshadesoflaw
fiftyshadesoflaw, Family Law Attorney
Category: Family Law
Satisfied Customers: 132
Experience: Atttorney at Law Office
Verified

Hello,

My name is ***** ***** I am the Expert that will try to help you with this matter. I have a few questions for you that my give me clarity to answer. What state are you currently living in? What type of custody/visitation agreement does your husband have with his daughter? Is he active in her life? When do they plan to move to Honduras?

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Customer reply replied 3 months ago
We are in Texas. We live in Houston, and his ex and daughter are in Galveston.
He pays child support, and for her medical insurance, plus any extra money his ex asks for to do parties, clothes, and that type of stuff. The divorce and beginning for the child support was in 2011.
He's had his daughter for summer, holidays, and he has rights to have her every other weekend, but he's a chef, and for the last 4 years, has worked every weekend, so he has her over as much as possible for that. He recently started a new job as well as his own business so that he'd have the availability to have her with him every other weekend at least. Then, his ex hit us with this move, and we just don't know what to do. They plan to move in August. In their divorce papers, it says that are Joint Managing Conservators. It says that his ex has the exclusive right to designate the primary residence of the child without regard to a geographical restriction.

Hello

Thanks for answering my questions. I am barred in Texas so remember this is for informational purposes only and if you can get a Texas lawyer in your location to offer you advice please do. In researching your question it seems that yes there is something you can do, but it may be difficult to be successful in stopping the move. Here your reported that your husband agreed to lift the usual automatic residency restriction placed on parents in Texas when their is a divorce with a child involved. I am not sure if he contemplated that she would move out of the country, but technically if she moved it would not be a violation of that agreement. Now, I will say this since your husband has been active in her life and the law presumes that the continuation of a close parental bond is important a move to Honduras will certainly change the ability to continue that bond. Here you would probably have to file a motion with the court objecting to the move. The court will likely have to have an evidentiary hearing on the matter. In Texas there is case law that directs the court on what needs to be shown in one of these hearing. Lenz v. Lenz, 79 S.W.3d 10 (Tex. 2002). While Adams focuses on the facts as they exist at the time of the first trial the Lenz case requires a “comparative” analysis of the two proposed residences. In other words, you not only have to prove best interest under Adams, you have to address (1) reasons for or against the move; (2) compare the health, education and leisure opportunities available to the child at both locations; (3) demonstrate/minimize the effect on visitation and communication with the non-custodial parent to maintain a full and continuous relationship with the child; and (4) whether the non-custodial parent has resources to relocate.

There are two cases that are the law in this case. I would suggest that your husband file an emergency motion objecting to the move with the court as soon as possible. It is now May and I am sure she is making her plans as we speak to move if it is set for August. It may also help if the child voices an opinion on her relationship with her father or whether or not she wants to move. If you are not sure she will say anything positive don't bother, but if she would benefit your side consider it. Also if there is a need to completely modify the custody to him then he should also consider that. Custody is modifiable if it is in the best interest of the child. My goal is to offer you superior customer service. If you have any follow up questions let me know. If not and you found this answer helpful then please let me know by giving me a 5 star rating. Best of luck to you.

fiftyshadesoflaw
fiftyshadesoflaw, Family Law Attorney
Category: Family Law
Satisfied Customers: 132
Experience: Atttorney at Law Office
Verified
fiftyshadesoflaw and 87 other Family Law Specialists are ready to help you
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Customer reply replied 3 months ago
I will search and find a lawyer in Houston to address what you've said. Thank you for your help!
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