Legal Question in Family Law in Texas
how do to change the divorce decree so kids and i can move to another state
my children and i are bound to the state of tx by a divorce decree. my ex husband has agreed to let us move to north carolina to stay with my family, otherwise we will be homeless. can we just type up a paper saying that he gives me permission and that he would not require me to bring them back for visitations and sign it in front of a notary or is there a legal process?
2 Answers from Attorneys
Re: how do to change the divorce decree so kids and i can move to another state
The document that restricted you to TX is a court order. Only another court order can change that. A notarized letter is almost worthless.
Re: how do to change the divorce decree so kids and i can move to another state
Mr. Grissom is right, you need a court order. You can both agree to the change in the order. Prepare and file a motion to modify, with an agreed order. The law library in your county should have forms you might be able to adapt and file. You can file an affidavit of indigency to avoid the filing fee. (around $20).
If your family or ex will help with attorney fees, I would estimate the cost at $500.00.
If you are unable to do any of these things at all, at least file the notarized affidavit with the court. It would prevent him from later saying he had no idea where you were going or why.
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