Legal Question in Family Law in Texas
My divorce was finalized in dallas. Since then I and my ex both moved to Florida for over a year. He never became a resident but I did. He worked and my son went to school as well. Now we both and the child live a little bit outside of houston for a little less than six months. My divorce decree states we have joint custody, but there is one part in the decree that states I have "the exclusive right to designate the primary residence of the child within Dallas County, Texas until ordered otherwise by the court or agreed to otherwise in writing between both parties". What does this mean? Can I move back to Florida because we don't reside in Dallas anymore? And take the kids?
1 Answer from Attorneys
You need to consult with an attorney who can read the exact language of your decree.
Some decrees say that if the non custodial parent does NOT live in the area at the time that the custodial parent wishes to move out of the area, then the geographic restriction is lifted. But not all say that. Some just have a geographic restriction and that's it.
If you can't find a local family law attorney to look at your decree for you, contact my office. We can evaluate your decree for a small fee. But your best best is a local attorney, if you can find a good family law attorney.
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