Legal Question in Family Law in Texas
My daughters father moved about a month before the final decree was signed. When he signed it he lived four hours away and the decree stated that he would pick our daughter up from my house and bring her back. This decree was only signed about 6 months ago. In order to modify the decree within 2 years you normally have to have a substantial change right? He is taking me back to court for me to meet him half way, and also to lower child support. He is also still working at the same job that he was when he signed the decree as well. Since he was the one who moved, who is responsible for transportation?
1 Answer from Attorneys
The judge will probably rule that Dad still has to provide all the transportation for visitation.
If Dad lived four hours away when the decree was signed, and still lives four hours away, you'd want to ask him what the "change in circumstances" is (he alleged it in his motion).
You should counter-file to raise child support, and hit Dad with pre-trial discovery to find out how much he's earning now. And ask him what the change in circumstances is.
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