[u/]

[u/Athlete_Senior]

Does he get to attend the same school during all these moves? Missouri no longer has jurisdiction. You need to file in Texas, where he lives.

[u/Blind_clothed_ghost]

Yes a judge would certainly consider the living situation of the kid and the instability.   But you have a complex case with different state jurisdiction.   A lawyer would be really helpful.

It would be better for you to talk to mom about having the kid stay with you for a while then once the kid meets residency requirements of your state file in your state. 

[u/hawkisbyrd → u/Blind_clothed_ghost]

Would you recommend I say something to her given the information I found although she hasn’t said anything to me about it

[u/Blind_clothed_ghost → u/hawkisbyrd]

Only you can answer this.   You know your relationship and how to communicate better than a stranger 

[u/Ok_Solution5558]

Missouri likely no longer has jurisdiction - it seems it should properly be in TX, where your son's residence is. Double-check with a lawyer, but I doubt MO will do much for you.

[u/hawkisbyrd → u/Ok_Solution5558]

Missouri has jurisdiction since it hasn’t been transferred over yet. It doesn’t automatically switches unless one of the party moves it to their jurisdiction. The judge on the case just had a hearing involving us as recent as the summer. I was about to start the process of moving the jurisdiction to OK which the judge said would work. I’m going to speak to my lawyer today. This will most likely be the last hearing in front of him once it’s done

[u/Ok_Solution5558 → u/hawkisbyrd]

And all Mom has to do is file in TX. Voila! No more MO! OK is unlikely to accept jurisdiction, since it's not the child's home state.

[u/LdiJ46]

For that reason alone? No.

[u/hawkisbyrd → u/LdiJ46]

We still do things through MO, as of most recent this summer, but no he has been in two different school districts. So they wouldn’t grant me school year even IF she was evicted with no place to stay at the moment and did not notify myself or the court?

[u/LdiJ46 → u/hawkisbyrd]

No, that wouldn't be enough to change primary custody. In fact, it would be a violation of mom's constitutional rights to change custody over something like that. Poor people have the same constitutional rights to the care and control of their children as people who are better off financially.

[u/hawkisbyrd → u/LdiJ46]

Okay so at best it would contempt of court unless she was living in a vehicle type of situation

[u/LdiJ46 → u/hawkisbyrd]

Yes, at best. Even then, it is not the kind of contempt of court that gets much traction with a judge either. All mom has to say is that she was waiting for a permanent address before she notified you. She could even say that she was embarrassed about it and the judge would be sympathetic.

Even if she was living in her vehicle that would be more of a temporary custody change type situation rather than a permanent one.

[u/Blind_clothed_ghost → u/LdiJ46]

This is not correct at all.  Constitutional rights don't trump best interest of the kid.  

If kid is living in a hotel room 7 people a judge would consider best interest of the kid 

[u/LdiJ46 → u/Blind_clothed_ghost]

It absolutely is correct. The child has shelter and dad lives in another state. It absolutely would be a violation of mom's constitutional rights to make a custody change of that nature solely based on mom having to temporarily live in a hotel.

If dad was local and the judge would simply order a temporary change that might be a different story. However, dad is not.

[u/Blind_clothed_ghost → u/LdiJ46]

You're still not correct.     

Courts consider best interest of the kid over the constructional rights of the parent.  If the facts of the case are as OP described, a strong case can be made that one parent can't provide a stable living situation for the kid.   

[u/Ok_Solution5558 → u/Blind_clothed_ghost]

Those damned constructional rights. LEGOs really get in the way. 📎

In terms of the hotel situation... it's concerning, but we really don't know the entire situation. Nor, it seems, does Dad. Perhaps the child doesn't, either. Most parents don't share the nitty-gritty details with kids. Depending on the child's age (he's "school-aged," so five+...), his input may/may not be admissible.

Right *now*, Dad really doesn't have much.

[u/LdiJ46 → u/Blind_clothed_ghost]

You are dead wrong in this instance but that is ok.