Legal Question in Family Law in Texas

I am a father to a 7-year-old son in the Austin, TX area. His mother moved 350 miles away in TX and I now have the right to determine primary residence (with geographic restriction of 350 miles of her) and we are both joint managing conservators. His visitation on 2-3 weekends per month is putting a strain on our son and precludes him being in any organized sport as games are on weekends (with some weekdays). I put him in karate, which he loves and doesn't require weekend games. What are the possibilities that I can move to CO Springs with our son and pay for the flights back to see his mother (assuming she won't be amenable to the change)?

Main reason is my brother lives in CO Springs, my fiancee can get a job transfer there through the military and I work from home.


Asked on 9/09/10, 12:34 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Based upon your details, and presuming that his mother will object, you will need to petition the court for a modification of the order. If mom regularly exercises her possession and access, and otherwise has a good relationship with her son, it is not likely that the court would approve such a distant change in residence. Once the geographic restriction was lifted, after her move, does the order still restrict you to the state of Texas? It would be worth your while to have an Austin attorney, familiar with the practices in Travis County, review your order to discuss the likelihood of success.

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Answered on 9/15/10, 8:19 am


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