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If my daughter's registration is under my address does that count that my child has been with me over six months?

Houston, TX |

On my divorce decree my ex-husband has the right to determine primary residency of my daughter. The only reason this was in place two years ago was because of school purposes; I did not wanted to pull her out of the school that she had been attending. Well I had to mover because her older sister was being bullied. So I register to a different school last year but under the same district and still very close by where her father use to live. Her dad was in agreement with this even dough the divorce decree said differently. Now all her registration of her new school is under my address including medical information and insurance information for my daughter. Does this mean that this proofs that my daughter is and has been with me over six months?
Thank you,

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Attorney answers 5

Posted

I am not sure why you think that "six months" mattes here. It matters that your Ex agreed and your daughter is now in a different school. You may well have grounds for a modification. You can consult with a family law attorney to determine whether you are better off seeking a modification or just stay quiet.

If you were paying support to your Ex, but your daughter is now staying with you more, of course, that would be important to your decision to seek modification.

Asker

Posted

So even dough in the divorce decree it states he has the right to determine residency for my daughter. Knowing he agree for me to register her on a new school with my address is that proof alone that she has been with me this whole time and that we had not been following our visitation order that we have in place now.

Edward Brandon Beckham

Edward Brandon Beckham

Posted

Good observation.

Posted

Yes, if you are referring to the 6 month residence requirement to have standing to file custody or say that your ex husband has voluntarily given up custody for 6 months your registration at your address should be plenty of evidence.

You really don't need the 6 months in order to file a modification as you are a parent or within the 3rd degree of consanguinity as long as there are significant contacts.

Good luck.

Michael J. Crawford is a Criminal and Family Law Attorney located in Corsicana, Texas. He practices throughout the State of Texas and focusing on the Dallas/Fort Worth Metroplex including: Navarro, Ellis, Dallas, Hill, Tarrant, Johnson, McClennan, Freestone, Henderson, and Kaufman Counties. Answering a Question on AVVO does not create an attorney client relationship. If you have a legal problem please contact an attorney directly and do not rely solely on information received through an answer to a question on AVVO. My contact information is mjc@michaeljcrawfordlaw.com or (903) 875-8500.

Edward Brandon Beckham

Edward Brandon Beckham

Posted

Good observation.

Posted

Judges are not "stupid" -- has the kid really been living in your home - sleeping at your home the majority of the time?

Or, are you just playing an "address game"? If so, this could come back to "bite you in the butt"?

The Harris County judges are going to figure out if you are playing a cat and mouse game with the court & will not be pleased. Any competent family attorney won't be pleased either if he/she does not figure it out before you go to court & gets called on the rug by the judge. The judge will hold your attorney accountable for wasting the court's time if you are justing playing "games" with the court.

So be careful...very careful...if you are just using your address & you have not had primary care, control and custody of your child. It could come back to bite you - big time.

Fran Brochstein has over 20 years legal experience & enjoys educating the public about Texas laws. She is a full-time family law mediator in the Houston area. If you found this answer "helpful" or "best answer", please select the button to show your appreciation. Please understand that this is not a personal consultation and in no way creates an attorney-client relationship. You are strongly encouraged to consult with an attorney in your county in person about your specific legal problem. You can contact her at 713-805-9591 - 7 days a week - her personal cell phone.

Asker

Posted

I know judges are not stupid and yes my child has been staying and sleeping at my house for the past year. also I have joint custody of my child.

Fran Brochstein

Fran Brochstein

Posted

Then go for it! Sounds like you meet the test to modify.

Edward Brandon Beckham

Edward Brandon Beckham

Posted

Good observation.

Posted

You need to file a modification to the decree of divorce a.s.a.p

Edward Brandon Beckham

Edward Brandon Beckham

Posted

Good observation.

Posted

No, that is just paper. The rule is "care, custody, and control." That means actually living with you. Like another attorney said, judges aren't dumb. Don't try to argue this with the court, it will just make the judge mad.

DISCLAIMER: This answer is for informational purposes only under the AVVO system, its terms and conditions. This answer does not establish an attorney client relationship. I am admitted only in Texas. I am not intending this to be legal advice, because I don't know the particulars of your situation. Call me if you would like to discuss this or other issues, 210.501.0880.

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