Legal Question in Family Law in Texas
My boyfriend and his ex are JMC of their 27 month old daughter. When the child was 18 months his ex married a man in the military, one week before he was deployed, and now they are trying to relocate to an army base in another state. We want to know if there is any sort of law or loophole that will give his military orders precedence over her fathers rights? He pays his child support every 2 weeks and picks up his daughter every time he is scheduled to.
1 Answer from Attorneys
The party's to the suit that established JMC are your boyfriend and his ex. No order prevents her (or her new boyfriend) from moving wherever they want. HOWEVER, the order may require that she maintain the child's residence within a certain geographic boundary. If that is the case, then when she moves, she needs to leave the child with your boyfriend.
If there is a geographical restriction, then the day she moves away, your BF needs to file a motion to enforce the geographical restriction and ask for a change in conservatorship that designates him as the conservator with the exclusive right to designate the primary residence of the child.
Good luck!!