Legal Question in Family Law in Texas
my divorce was settled in NY, I live in Texas. Can my spouse order me back to the state of NY with my kids if I have lived here for the past 4 years? One of my kids is severly autistic and is doing well in a wonderful group home and I do not want to move him.
2 Answers from Attorneys
Look at your decree. What does it say about geographic restrictions for the children? I assume that you have custody of the children, or at least the right to determine their residence.
In a Texas divorce decree, unless there is a geographic restriction, you can live with the children wherever you want. I'm not sure about the laws in New York.
I agree with Mr. Dunn. You should also see an attorney about having the court of continuing jurisdiction changed to a court in a county and state where the children reside.
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