Visitation transpertation after out of state move

[socrateaser]

>Questions:
>
>1. If she indeed does not respond, what is the exact motion
>that I need to file?

I don't know TX procedure. In some jurisdictions, it would be a motion objecting to parental relocation of minor child. It could also be a motion for a restraining order re minor child relocation. You cited the statute that supposedly provides protection. I've nerver read it, but I would think it should give you a clue on what to file.

>2. Should this be a fairly easy form to obtain?

I don't know. You'll have to check with the courthouse to see what's available. TX courts don't keep much useful stuff online, in my experience.

[sbaldwin]

§ 156.103.  INCREASED EXPENSES BECAUSE OF CHANGE OF RESIDENCE.  
            (a)  If a change of residence results in increased
expenses for a party having possession of or access to a child, the
court may render appropriate orders to allocate those increased
expenses on a fair and equitable basis, taking into account the
cause of the increased expenses and the best interest of the child.
   (b)  The payment of increased expenses by the party whose
residence is changed is rebuttably presumed to be in the best
interest of the child.
   (c)  The court may render an order without regard to whether
another change in the terms and conditions for the possession of or
access to the child is made.

I'm not sure if this helps you or not. What I want to be addressed is who is responsible for the travel expenses once the move is complete.

1. Does this give you any better idea of what I'll need at all?

Thank you, and if you're unsure of the answer to my question, I understand.

[socrateaser]

>§ 156.103.  INCREASED EXPENSES BECAUSE OF CHANGE OF
>RESIDENCE.  
>            (a)  If a change of residence results in increased
>
>expenses for a party having possession of or access to a
>child, the
>court may render appropriate orders to allocate those
>increased
>expenses on a fair and equitable basis, taking into account
>the
>cause of the increased expenses and the best interest of the
>child.
>   (b)  The payment of increased expenses by the party whose
>residence is changed is rebuttably presumed to be in the best
>
>interest of the child.
>   (c)  The court may render an order without regard to whether
>
>another change in the terms and conditions for the possession
>of or
>access to the child is made.
>
>I'm not sure if this helps you or not. What I want to be
>addressed is who is responsible for the travel expenses once
>the move is complete.
>
>1. Does this give you any better idea of what I'll need at
>all?

If there is a "form" published by the TX courts, it is not available online, so you will have to visit the family court to see what they may have available. If not, then I would write something like this (following assumes that you are the original respondent in the case):

"Motion for change of Parenting Plan and for Reallocation of Transportation Expenses"

Respondent, YOURNAME, in propria persona, hereby appears and moves that the court enter the attached parenting plan (Exhibit #1), and reallocate the parties' obligation for transportation expenses incident to Respondent's exercise of parenting time, on grounds that Petitioner intends to relocate the parties' minor child(ren) to COUNTY, STATE, on ??/??/????.

Respondent specifically requests that, pursuant to Texas Statute 156.103, that the court reduce Respondent's child support obligation by $X per month in order to compensate for the reasonable cost of air transportation consistent with entry of the above-referenced modified parenting plan, and for other orders as the court deems just.

State of TEXAS, County of COUNTYNAME) ss.

In support of the above motion, I, YOURNAME, after first being duly sworn, do hereby depose as follows:

1. That I am the Respondent in the above-entitled action, and if called upon, I could testify to the matters set forth herein of my own personal knowledge:

2. On ??/??/????, I received a letter from Petitioner, stating her intention to relocate with our minor child to COUNTY, STATE, on ??/??/???? (see letter, Exhibit #2).

3. On ??/??/????, I contacted Petitioner and asked if she would enter into a stipulated order substantially in accordance with my requests in this attached motion -- to which Petitioner ________ (didn't respond, rejected my proposal, etc.).

4. I believe that establishment of the attached "standard" parenting plan (Exhibit #1) is in the best interests of my and Petitioner's minor child, and that it is equitable that Petitioner pay the substantially increased cost of transportation incident to my continuing to excise a reasonable parent-child relationship during our child(ren)'s minority.

5. I have obtained proposed air travel itinerary from a reputable travel booking company, showing that a reasonable estimate of round trip airfare for our minor child(ren) between _____ and ____ airports is currently $???.?? (see attached proposed itinerary, Exhibit #3).

6. Therefore, I believe, that as Petitioner's move will be the direct cause of this otherwise unnecessary transportation expense, that Petitioner should solely bear its cost, either through a reduction in my ongoing monthly child support obligation, or by an order directing her to pay the reasonable transportation costs associated with my continued exercise of parenting.

Dated this _____ day of ______, 2005

By: ____________
YOURNAME
Respondent, Pro Se
ADDRESS
CITY, STATE ZIP
CONTACT FONE

Subscribed and sworn to, before me, this _____ day of ______, 2005

By:_______________
Notary Public
My commission expires: ________

_________________________________

[sbaldwin]

.

[socrateaser]

But, I read it. Below is a modified version of the previous motion, that only refers to the transportation costs:

Motion for  Reallocation of Transportation Expenses

Respondent, YOURNAME, in propria persona, hereby appears and moves that the court reallocate the parties' obligation for transportation expenses incident to Respondent's exercise of parenting time, on grounds that Petitioner intends to relocate the parties' minor child(ren) to COUNTY, STATE, on ??/??/????.

Respondent specifically requests that, pursuant to Texas Statute 156.103, that the court reduce Respondent's child support obligation by $X per month in order to compensate for the reasonable cost of air transportation consistent with entry of the above-referenced modified parenting plan, and for other orders as the court deems just.

State of TEXAS, County of COUNTYNAME) ss.

In support of the above motion, I, YOURNAME, after first being duly sworn, do hereby depose as follows:

1. That I am the Respondent in the above-entitled action, and if called upon, I could testify to the matters set forth herein of my own personal knowledge:

2. On ??/??/????, I received a letter from Petitioner, stating her intention to relocate with our minor child to COUNTY, STATE, on ??/??/???? (see letter, Exhibit #2).

3. On ??/??/????, I contacted Petitioner and asked if she would enter into a stipulated order substantially in accordance with my requests in the above motion -- to which Petitioner ________ (didn't respond, rejected my proposal, etc.).

4. I believe that it is equitable that Petitioner pay the substantially increased cost of transportation incident to my continuing to excise a reasonable parent-child relationship during our child(ren)'s minority.

5. I have obtained proposed air travel itinerary from a reputable travel booking company, showing that a reasonable estimate of round trip airfare for our minor child(ren) between _____ and ____ airports is currently $???.?? (see attached proposed itinerary, Exhibit #3).

6. Therefore, I believe, that as Petitioner's move will be the direct cause of this otherwise unnecessary transportation expense, that Petitioner should solely bear its cost, either through a reduction in my ongoing monthly child support obligation, or by an order directing her to pay the reasonable transportation costs associated with my continued exercise of parenting.

Dated this _____ day of ______, 2005

By: ____________
YOURNAME
Respondent, Pro Se
ADDRESS
CITY, STATE ZIP
CONTACT FONE

Subscribed and sworn to, before me, this _____ day of ______, 2005

By:_______________
Notary Public
My commission expires: ________

_________________________________

[sbaldwin]

:)
1. So, in your opinion, I do not need to address the visitation schedule?

I just want to make sure I understand correctly. ;)
Thanks again!!

[socrateaser]

>:)
>1. So, in your opinion, I do not need to address the
>visitation schedule?

You say that you already have the standard schedule ordered as part of your original parenting plan, therefore there's nothing to change, if you're satisfied with the existing schedule.

All that's left then is to reallocate transportation costs.

[sbaldwin]

.