Legal Question in Family Law in Texas

I have been divorced for almost 9 years. The papers were drawn up in a county in which my spouse and i were living. I was actually in another county, enrolled in school. We were not seperated or divorced, just away from the home going to school. While there, circumstances happened and we decided divorce was what needed to transpire. I have since then, move to another city/county. My spouse moved to another city/county as well, but has moved back to the county in which we were originally. My spouse is the custodial parent. My spouse has informed me, that since I moved out of the county, they were told that the papers are null and void, that my wishes as far as visitation will not hold up. Since I moved out of the county, on top of child support, it is my obligation to drive 3 hrs away to pick my children up. It is also my obligation to drive 3 hrs away to deliver them back home. I am willing to meet halfway both times, but the excuse of not having the money to travel always arises. I am a little concerned about the statement that the divorce decree is void since I moved out of the county of where I was living when we divorced. I believe that the decree states that we were residing in the same county at the time of divorce, which we were not. Not sure how the counties make a difference. I am not trying to get out of my responsibility at all. In fact, I have been paying well over the amount in which the decree states. I do this to insure that my children are provided for. My question is the visitation, Is it my obligation to pick them up and return them, or does my ex-spouse also have an obligation? Thank you


Asked on 1/30/12, 10:38 am

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

The assertion that you moving out of county makes your divorce "null and void" is, frankly, idiotic.

Read the decree; assume that it means what it says. Does it specify any consequences if you move out of your county?

Does the decree contain any geographic restrictions?

The obligations about picking up and delivering the children are in the decree. READ THE DECREE and assume that it means what it says.

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Answered on 2/01/12, 9:20 pm


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