Visitation before custody hearing

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Latest post 03-15-2010 5:17 AM by JoBraver. 3 replies.
  • 03-14-2010 8:25 PM

    Visitation before custody hearing

     

     I live in TX with my children,  My estranged husband lives in NM,  In TX, while you are waiting for your custody/divorce hearing there is a standing court order that the children involved are not allowed to be removed from the state by either parent.  My estranged husband was upset by this and informed me he was going to petition the court for permission to take them to NM for spring break.  I told him I was fine with that..just to show me the letter if he got it.  He never did.  He told me he was going to just spend the week in TX with the children.  The day after he picked them up I find out that he is indeed in NM with them.  When I confronted him he told me that he had a letter from the judge allowing him to do so.  I asked him to fax me a copy.  He refused,  I called the police and they went by to see if he had the letter.  He did, but admitted to the officer that he did NOT show it to me or inform me of his intentions to take them out of state when he picked them up.  Was he legally obligated to show me that letter?  He had 2 times he could of shown it to me so we could have avoided such a confrontation but he chose not to.  I consider his head games about the location of my children to be a form of harassment. Aren't I supposed to be served papers concerning a change in a standing court order?

  • 03-14-2010 9:23 PM In reply to

    • Drew
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    • Joined on 03-30-2000
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    Re: Visitation before custody hearing

    You need to dig deeper-not clear what hubby has  ---if this is a TX jurisdiction matter  and the children are subject to TX jurisdiction then a "letter" written by a judge in Tumbleweed,  NM may have the same legal weight as one written by my writing you a letter which says you now own the Brooklyn Bridge and kids can visit NYC! 



  • 03-14-2010 11:30 PM In reply to

    Re: Visitation before custody hearing

    I haven't actually seen the letter yet.  I won't get a copy of the police report until tomorrow morning, He says its from the county judge here TX.  If it is I have no idea how they can do that without a hearing..without notifying me in some way..I'm just so confused.  I mean I had to serve him papers when I filed for divorce and custody.  It just doesn't make sense to me.  Not to mention I don't think the judge would be too happy to know that he wrote a letter strictly for my estranged husband to play games with me.  

  • 03-15-2010 5:17 AM In reply to

    Re: Visitation before custody hearing

    That type of "standing order" usually has nothing to do with vacations or temporary travels out of state.  It addresses relocating children .

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