Legal Question in Family Law in Texas

I have a 9 year old son. Me and his father have standard visitation rights as co-parents...we live more than 300 miles apart however our visitation is every other weekend, spring break, summers and every other holiday ( for his dad, my son lives with me ) however I plan to move to Florida next year..his dad is opposed however has never exercised his every other weekend in the past 3 years that we have had our court orders....would I be able to have those removed as he has never exercised his rights for weekends or how would I go about with being able to legally move with no problems


Asked on 2/04/16, 8:09 pm

1 Answer from Attorneys
Thomas Daley KoonsFuller PC

I'm assuming you have a Collin County order. I am very familiar with the judges in Collin County and hope this answer helps you.

Most orders which impose a geographic restriction on the primary residence of a child will lift that geographic restriction if the noncustodial parent does not live within the geographic area. For example, if your order says that the primary residence of your child is restricted to Collin County, Texas and counties contiguous thereto (a very common order), then it probably also says that "If at the time [you] desire to move out of Collin County, Texas and counties contiguous thereto [dad] does not live within Collin County, Texas and counties contiguous thereto, then the geographic restriction shall be lifted." It might not have those exact words, but it should have something similar.

The best way to give you advice is to look over the exact court order in your case and let you know what you can do under that order or how to most easily modify that order.

Most of the time, we can get a geographic restriction lifted when the other parent has not been diligently exercising possession rights.

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Answered on 2/15/16, 3:21 pm


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