Legal Question in Family Law in Texas

I've been looking at divorce papers. And I have a question over surrender of child. The situation is that both mom & dad are no longer living in the same county, they have both moved out of county since these papers were done. In the divorce papers read.

Return of Child by CO is Ordered to return child to the residence of WO at the end of period of possession. However, it is Ordered that, if WO and CO live in same county at the time of rendition of this order, CO's county of residence remains the same after rendition of this order, and WO's residence changes, effective on the date of the change of residence by WO, CO shall surrender the child to WO at the residence of CO at the end of each period of possession.

So, if they have both moved out of county what does this mean? The way I read is she (WO) is to pick up child at CO's residence, if he had not moved. But, with both moving, I do not know if this would still stand.


Asked on 7/21/10, 11:19 am

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

You should assume that the decree means exactly what it says.

I assume that both parties DID live in the same county at the time of the divorce.

"Both of them moved out of county" doesn't change anything. Only if MOM moves out of county and DAD stays in the county does the change apply.

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Answered on 7/21/10, 5:51 pm


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