Legal Question in Family Law in Texas

My daughter is trying to leave her husband because he has been increasingly violent towards her. The problem is that she has a child from a previous relationship and cannot leave the county in which she resides. She has asked the father to allow her to leave in view of the circumstances, but he refuses because he states that the court order says she can't leave. Is there anyway to have that court order changed in view of current circumstances, mainly that by staying it puts the children in danger?


Asked on 2/21/10, 12:03 pm

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

She should move NOW, and immediately file a motion for modification that asks the Court to change the residency restriction. I have never seen anyone held in contempt for violation of a residency restriction; the Courts just don't attach that much importance to it.

I assume that she's not planning to move thousands of miles away from Dad.

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Answered on 3/01/10, 1:10 pm


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