Legal Question in Family Law in Texas
ex-husband doesn't want me to move
My brother touched me on 2 occasions, in a way that made me uncomfortable, when I was 18, 26 years ago. Both times he lay beside me in bed and rubbed my back and the backs of my legs. 10 years ago I revealed the touching to my husband. 2 years ago my husband left me for another woman, whom he has since married. I want to move with our 13-year-old son back to Illinois where my family and my ex-husband's family are, but I signed a paper in mediation saying that I would stay within 100 miles. My ex-husband claims that the touching that happened constitutes a felony in Texas and says he can use it to force me to stay in Texas. Is what happened a felony? What can happen if I just pick up stakes and go?
1 Answer from Attorneys
Re: ex-husband doesn't want me to move
You did not discuss any criminal charges being filed so I will ASSUME that your brother was not convicted of a crime.
Your husband is bluffing about criminal charges keeping you here. He was not present at the time of the "touching" and the only evidence he has is hear-say (you told him).
However, you agreed to stay within 100 miles. You are free to move -- however, the children are restricted to 100 miles.
You can certainly go to court and ask that this restricted be lifted.
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