Legal Question in Family Law in Texas
Child Custody and Visitation
My childs father is attempting to stop my move from Texas to California. I currently have residial custody and we both share joint custody. In our current child custody and visitation agreement, it states that I can move and he must pay for expenses of seeing our child. Is there a chance he can have this overturned? What would be my best course of action? He has already obtained a restraining order indicating I cannot leave the county with my child.
1 Answer from Attorneys
Re: Child Custody and Visitation
Since you both share joint custody and he is doing his part, then you will find it almost impossible for a Judge to allow you to move to out of State to anywhere. It doesn't matter what the previous decree states, more than likely, if he hires an attorney and files papers to stop this move he more than likely will stop you because you have to remember the "burden of proof" is what is is in the child's best interest and not yours. Your best course of action is to hire an attorney, but again more than likely you will not win this battle. Sorry.
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