Legal Question in Family Law in Texas
My ex-husband and I are both active duty Air Force. We have two children from our marriage. I was awarded sole physical custody and we share legal custody. I may be receiving orders to move to Germany in the near future. I called my ex-husband to inform him of this. He said he would agree to the children moving with me only if I let him have them for one year. I don't believe it would be in the best interest of the kids for them to reside with their father for a year. Does he have the authority to stop me from moving to Germany with the kids?
2 Answers from Attorneys
Depends on the terms of your divorce decree. Even if you move the kids to Germany, your ex will have visitation rights.
If you are not happy with the language in your decree, you can hire a lawyer to review your decree and if necessary, based on this change in circumstances, file a motion to modify to fit your situation.
Do not violate the provisions of your divorce decree. Your ex could file an motion to enforce ahd have the court hold you in contempt. In Texas there is also a civil cause of action for interfering with court ordered visitation and access. I can't imagine that the military would look kindly on violating a divorce decree. Suggest you consult a JAG lawyer to get the military law view on this . They have probably seen this before and may have some suggestions.
Short answer: Make sure you are always following court orders. If you don't like them, try to change them, but always follow them.
What does your divorce decree say? If you have geographical restrictions, you need to remove them, before you can take your children with you. Give us a call (210) 979-9777, we can help.
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