Legal Question in Family Law in Texas
I have been divorced for 5 years and have a domestile restriction in my papers. I had 3 children with my ex - one having special needs. I re-married a few years ago and we would like as a family to move back to the state I came from (far away from where I live now) because my husbands job situation has forced him to be employed out of state. How can we all move when my ex is still here and wants to "keep" me around so he can see the kids when we don not know if we can stay a float because of my husbands job and I just work part-time due to my daughter's special needs.
I had just gotten an answer from attorney Theresa Langdon that it would be next to imposible to leave TX because my ex sees the kids on his appointed times although I just went through a modification where I had his summer possession reduced to 1 weeks vacation, 4 days at Christmas time, a day or two at Spring Break and his customary 1st, 3rd and 5th weekends. That's all he gets because what the courts fail to realize is that even though daddy takes his kids for all that he is mentally abusive and uses the kids as pawns. I also got more child support $$. Our kids grandparents are also very involved in their lives and could be more so if we moved. Why is their no consideration given to my current husbands job due to the economy since the kind of job he has working for the railroad is very specific and if he can obtain employment out of state why can we all not go? If we are on a bread line due to our finances are we still to stay in Houston just so their dad can see the kids at ANY COST? Thank you...please advise.
2 Answers from Attorneys
The best advice is to go see a good family law attorney and provide him or her will all the details of this matter. This isn't something you can do on your own. You can file for a modification asking the the geographic restriction be lifted, but the Court may or may not agree, and even if it does, you may very well end up paying the increased costs associated with long distance visitation.
FYI - the Court can't make you and your husband stay here, just the children.
I highly recommend Pat Bushman at 713.807.9405. She is really tough but she wins her cases!
Basically, only the children are restricted to Harris County. You are free to move. However, the kids are staying here. In order to move, you would really need to have some strong arguments to move away from Harris County.
However, his restricted visits make this case "interesting". Perhaps you have grounds to move if the court remembers that he is abusive.
Many times, if a man's child support is lowered considerably, he will agree to allow the children to move. Or, you could offer to pay all the costs of the kids traveling to see their dad.
You knew that you had children when you remarried. The court does not care about your new marriage. Your new husband's job is not of any concern to the family law courts of Harris County. Lastly, the courts don't care about grandparents. A parent's rights are superior to a grandparent's.
Sorry!
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