Help Need Fast!!!!!

[abstract99]

Ok well this depends on a lot of thigs.
Did dad have permission from the courts or mom to relocate with the child? If I am reading this right he moved first.
It depends on which state has juristiction (I don't know)
All states are different. Some states require the CP to have permission to relocate before he did so. If he did not request permission then this is gonna hurt him. If there is no order that addresses what kind of info mom has when she relocates then she needs to go to court to have one established. A NCP cannot move a redeiculous amount of time away and then still expect the same visitation schedule to stay in place. Reguardless of the laws it is not fair to the child. Besides she put her on a plane without even informing the dad of it first. What WOULD have happened if she could not get a hold of dad before the plane landed. Sounds like negligence to me. If she wanted the visitation schedule to remain in place she had better be prepaired to make all arangements for travel. Arangements are not just throwing the child on a plane and THEN calling the dad. That was the issue that I was trying to address.
It is hard to decide which state has juristiction here. Texas law states: § 103.001. VENUE FOR ORIGINAL SUIT. (a) Except as
otherwise provided by this title, an original suit shall be filed in
the county where the child resides, unless:
(1) another court has continuing exclusive
jurisdiction under Chapter 155
I would think that Mississippi has juristiction right now since the paperwork was filed there first so therefore the case was already being handeled by MI before mom filed in TX.
However it also states: (2) if the parents of the child do not reside in the
same county and if a managing conservator, custodian, or guardian
of the person has not been appointed, the child resides in the
county where the parent having actual care, control, and possession
of the child resides;
Which makes this confusing. I can't find anything on the web about this relocation stuff so since I have nothing to back it up it is withdrawn. My apologies.

 

[BelizeBreeze]

Ok well this depends on a lot of thigs.
Did dad have permission from the courts or mom to relocate with the child? If I am reading this right he moved first.
It depends on which state has juristiction (I don't know)
All states are different. Some states require the CP to have permission to relocate before he did so. If he did not request permission then this is gonna hurt him. If there is no order that addresses what kind of info mom has when she relocates then she needs to go to court to have one established. A NCP cannot move a redeiculous amount of time away and then still expect the same visitation schedule to stay in place. Reguardless of the laws it is not fair to the child. Besides she put her on a plane without even informing the dad of it first. What WOULD have happened if she could not get a hold of dad before the plane landed. Sounds like negligence to me. If she wanted the visitation schedule to remain in place she had better be prepaired to make all arangements for travel. Arangements are not just throwing the child on a plane and THEN calling the dad. That was the issue that I was trying to address.
It is hard to decide which state has juristiction here. Texas law states: § 103.001. VENUE FOR ORIGINAL SUIT. (a) Except as
otherwise provided by this title, an original suit shall be filed in
the county where the child resides, unless:
(1) another court has continuing exclusive
jurisdiction under Chapter 155
I would think that Mississippi has juristiction right now since the paperwork was filed there first so therefore the case was already being handeled by MI before mom filed in TX.
However it also states: (2) if the parents of the child do not reside in the
same county and if a managing conservator, custodian, or guardian
of the person has not been appointed, the child resides in the
county where the parent having actual care, control, and possession
of the child resides;
Which makes this confusing. I can't find anything on the web about this relocation stuff so since I have nothing to back it up it is withdrawn. My apologies.

It is only confusing to someone without an understanding of the legal issues.

 

[abstract99]

It is only confusing to someone without an understanding of the legal issues.

Well since I posted the legal issues I would think that I knew what they said. I just don't know how to interperate them. I already withdrew per your request. Why did you find it necesssary to continue?

 

[ashley361]

Thanks for all the info!!! TX

Well, just to let everyone know we have retained/paided 2 lawyers . One is MS and one in TX. Even though the courts in TX say they have jursd. the state of MS says they do. Well, we are just going to fight her in both places. Even though the atty. in MS is giving us 1/2 refund and the lawyer here in TX in charging us 2,750. The MS atty. is going to file for a dismal on that case but still says he is going to go to court on the schedule day just in case she shows up. The atty in TX has filed a denial, has gotten a Amnest Lawyer for my daughter, a physc.(2), and a family counsler. Our atty here in TX. is making her show cause. You are talking about a women who has moved 9 times in less than 2 years, 2 forclosed homes. a repossed car, bounced child support checks, a 9 yr old son that goes to therapy 3 times a week???? She calls on Thurs. nights before her visits and promise her everything under the sun and when it comes down to it does nothing with her(i.e. she lays around the house and plays her gameboy). So when she gets home on Sun after a 9hr ride we are here to pick up the pieces of a 7 yr old. This lady has went so far as to tell her daughter at the time she was 5yr old that she looked to much like her dad and they were going to dye her hair because she wasn't going to spend the rest of her life with the memory of her dad. And told her that her dad did not want anymore children so he went to the doctor so he could have anymore. I would like to know what kind of conversation that came up in. And to think this is all over child support and a little straight A, Gifted and Talent Program 7 yr old girl who wanted to play softball and her games inferred with moms visitation. She can afford to fly her but can not afford to get a hotel and watch her daughter play ball. She will not be picking up for her Apr 1 visit and told her fine if she wanted to play ball that was fine she was going to bring her son to Six Flags. Out of meaness. It's there some law that protect children from this kind of verbal abuse? Also, make her call her step-dad daddy and her dad by his first name during visitation. She has stated from her mom that her step-dad is her real dad. I think she is nuts in the head......

 

[stealth2]

ON HER LAST VISIT SHE PICKED HER UP ON FRIDAY AND ON SUNDAY PHONED ME AT 12 O'CLOCK TO INFORM ME SHE HAD PUT HER ON A SW FLIGHT. WHICH EVERYONE KNOW IS UNESCORTED AND TO PICK HER UP AT THE AIRPORT AT 4:15. WHAT IF SHE WAS UNABLE TO GET IN TOUCH WITH US? AT THE TIME SHE WAS 6.

I simply have got to correct this. SouthWest does NOT allow a 7yo to fly "alone" (nor does any other airline). For any child under 12, they require an unaccompanied minor fee and extensive paperwork, and provide the parent with a gate pass to escort the child to the gate where the parent will hand the child to a flight attendant who escorts the child onto the plane, and then keeps an eye on him/her. At the other end, the flight attendant escorts the child OFF the plane and will only release the child to the person authorized on the paperwork. If there is noone to pick the child up, the sending parent will be notified and the child put on a return flight. BTDT - with SouthWest. They will also generally allow UM's to preboard.

As for activities such as softball, etc - those do NOT trump visitation. If Mom is okay with it, that's one thing. If Mom wants her time with the kid - the kid goes. Period. End of story.

 

[abstract99]

I simply have got to correct this. SouthWest does NOT allow a 7yo to fly "alone" (nor does any other airline). For any child under 12, they require an unaccompanied minor fee and extensive paperwork, and provide the parent with a gate pass to escort the child to the gate where the parent will hand the child to a flight attendant who escorts the child onto the plane, and then keeps an eye on him/her. At the other end, the flight attendant escorts the child OFF the plane and will only release the child to the person authorized on the paperwork. If there is noone to pick the child up, the sending parent will be notified and the child put on a return flight. BTDT - with SouthWest. They will also generally allow UM's to preboard.

As for activities such as softball, etc - those do NOT trump visitation. If Mom is okay with it, that's one thing. If Mom wants her time with the kid - the kid goes. Period. End of story.

I just talked to SW two weeks ago and they never told me about this fee thing. God I hope they don't charge it because the tickets are already getting to be a bit much for me.

 

[stealth2]

SW's UM policy is at http://www.southwest.com/travel_center/childtip.html - it doesn't mention the fee, so I could be misremembering paying it on SW since it's been a while since I've had to. I'm pretty sure that they told me there would be a fee if my oldest was under 12. You may want to ask specifically when you call them (it's usually between $30 and $40 each way).

 

[abstract99]

SW's UM policy is at http://www.southwest.com/travel_center/childtip.html - it doesn't mention the fee, so I could be misremembering paying it on SW since it's been a while since I've had to. I'm pretty sure that they told me there would be a fee if my oldest was under 12. You may want to ask specifically when you call them (it's usually between $30 and $40 each way).

Wow that would blow! That would cost me 160 more than the current tickets. I will have to call them.

 

[stealth2]

Wow that would blow! That would cost me 160 more than the current tickets. I will have to call them.

The fee covers all kids flying together. So it would be $40, regardless of whether you're sending 1 child or 3.

 

[snostar]

SW's UM policy is at http://www.southwest.com/travel_center/childtip.html - it doesn't mention the fee, so I could be misremembering paying it on SW since it's been a while since I've had to. I'm pretty sure that they told me there would be a fee if my oldest was under 12. You may want to ask specifically when you call them (it's usually between $30 and $40 each way).

Yep, last summer the roundtrip fee was $70 on SW, not sure if it has since increased.

 

[abstract99]

Yep, last summer the roundtrip fee was $70 on SW, not sure if it has since increased.

Well that blows, now I have to redo my court paperwork.

 

[snostar]

Well that blows, now I have to redo my court paperwork.

Call or email to verify exact cost first.

 

[DerbyGirl]

Just an FYI - December 2003 - my daughter (at the time 13 yrs old), flew from Buffalo to San Antonio to visit with my folks, the fee was $75 each way.

There was a stop-over in each direction that made it higher. Non-stop, if I remember correctly, is lower (I think the $30-$40 or so that was mentioned.)
From what I was able to understand, the fee is the same for all airlines (maybe it is regulated? No idea)

Covers all kids flying together.

DG

 

[stealth2]

Then it's gone up. Luckily, my 13yo now gets to escort the younger one. LOL

 

[ashley361]

Did not have to show id

When she got off the plane the stewardess did not aask for id just signature. The lady who she sat with on the plane stated not once did the check on her she is 7.