Is there anything we can do??

[manra]

My fiancee and i live in Texas and so does the mother of his son. He is a truck driver and gone alot but i get his son every other weekend just like the child support paperwork states. She recently told us that she is planning on moving to Indiana. I know the court paperwork states she can decide where the child lives......but is there anyway to keep her from being able to move that far away. My fiancee or our children would not be able to see his other son. And it gets really expensive to drive back and forth all the time. We will do it if we have to.....but there has to be something against it. His child support is paid up to date and she contact us anytime she needs someone to watch him when she goes out of town. Is there anything we can do......or do we just have to deal with it?

Please help!!!

[mistoffolees]

If his divorce decree and parenting plan specifically states that the mother can choose to move, then he has an uphill battle. You COULD file for a change in custody or the parenting plan, but you have to be able to demonstrate that something is significantly different than when the decree was originally signed. In addition, you have to prove that it's better for the kids if they stay in TX.

You will NOT be able to prevent the mother from moving. If you can demonstrate the two above items, you MAY be able to get an order that the children may not move (so the mother would have to make a decision to stay or move without the kids). But, as I said, that's going to be very difficult to achieve, unless the mother has significant problems that you haven't mentioned.

I would certainly talk to an attorney (initial consultations are often free) because there may be some specifics in Texas law I'm not familiar with.

BTW, "I get his son" coming from a step parent isn't a great thing to mention very much. Technically, you have absolutely no rights (speaking as a step-parent). The only one who has rights are the parents (unless the court has ruled differently which would be quite unusual). Save yourself some trouble by saying "the father has the kids every other weekend". You will, of course, be there, but it's the father who has the rights, not you.

Good luck.