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.
1 Answer from Attorneys
As of now, you can't. And you may not be able to. You can hire a lawyer to file a modification asking the court to lift the restriction. Courts do not like to see children moved from a parent that is involved in their lives. It will be an uphill battle to win, and you may not win it.
The alternative is to let dad raise the children, and you can move with your new husband to your home state. If custody changes, it needs to happen through the court as an Agreed Order.
If your ex is agreeable to lifting the restriction, then it should be submitted as an Agreed Order.
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