Legal Question in Family Law in Texas

My ex-husband and I finalized the divorce in March of 2007. He had me sign a geographical restriction that states, "It is ordered that _________, as a parent joint managing conservator, shall have the following rights and juty: 1. the exclusive right to designate the primary residence of the children within Lubbock County or any contiguous county" I have remaind in Lubbock, TX to current date, however, he married and moved to Odessa in August of 2010. He also issued a suit for modification in January 2011. He is seeking custody of the children. As a result of the distance between the children and the dad and the desire of my oldest wanting to live with his dad starting in July 2011, My husband & I have decided to move to Odessa in April. We asked his permission for the restriction to be lifted and he agreed. We then looked for jobs & a house and successfully found both. His attorney sent a letter to my attorney stating that I now can not move. It was to my understanding that if he moved that it therefore meant there was no longer a geographical restriction anyway. I have an attorney, but would like a second opinion. What are my rights here?


Asked on 3/28/11, 10:09 am

1 Answer from Attorneys
Thomas Daley KoonsFuller PC

Your rights are completely dependent upon what your final decree says. You didn't quote enough language to be able to give a definitive answer. I'd listen to your attorney or pay someone else a consultation fee to review your decree for you. That's the best way to get a second opinion.

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Answered on 4/16/11, 11:23 pm


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