Child Custody Case Study

Type of Case
Contested Custody

Client’s Background

Divorced Father of a 6 year old boy hired me to represent him because the Mother had given him notice that she and her new husband were moving from Texas (5 minutes from his house) to California.  Mother had primary custody.  He had tried with no luck to convince Mother not to go. 

The Client’s Specific Challenges

There was no domicile restriction in his divorce decree.  Mother was free to establish the child’s domicile anywhere legally.  We didn’t have a lot of time to stop her from moving.  Mother’s new husband got a job and they were moving within 60 days.  Another challenge was that the Mother was a good Mother and the child was only 6.

Objective

Keep the child in Tarrant County, Texas.  Preserve the status quo, same school, same friends, etc.

Solution

I asked and was granted a Temporary Restraining Order against Mother moving and asked and received an expedited trial date.  Cultivated evidence of Father’s close, caring relationship with the child, evidence of damage from fatherless homes, and evidence of the job market in Tarrant County.

Results

The Judge agreed there was no reason for the child to move from Tarrant County, Texas. The job market was strong.  The Court ruled that it could do nothing to stop the Mother from moving to California and she was free to do so.  However, the child’s domicile was established to be and remain in Tarrant County and Father was awarded primary custody.

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