Legal Question in Family Law in Texas

my fiance & i live in TX and are wanting to move to KS. We have a 4 yr old son and he has a 7 yr old duaghter from previous relationship. He has her every other weekend and one day a week evry week according to papers. We usually have her more bc her mom and step dad have multiple jobs. In their papers they have written neither of them to can move out of certain peremeter of one another. we are getting married april 2010 and want to move to kansas because my whole family lives there and mostly for job oppertunity and cheaper living costs. We are struggling because of the economy and his job doesnt pay good plus the mother of his daughter took him back to court to raise his child support which didn't help either. April of this year her mother and her husband moved in with her parents to pay off some debt and since then my fiances daughter has been having some emotional problems because her mom and stepdad are not at home alot because of their jobs. She has been extra clingy to her dad lately because of that. We would like her to move to kansas with us if we could but dont think her mother will go along with that. with the statement in the papers about the not being able to move to another state what can we do to change that? Also, could we use anything in court against her as far as his daughter is 20 pounds over weight according to doctor and was supposed to go on diet but was not put on one by her mom and also I know for a fact that her mother was smoking pot when they lived at her own house and still could be and she will also call us up and say that she can't handle their daughter and he needs to come pick her up. She's not a horrible mother, I mean she takes care of her but would those things help as far as getting custody?


Asked on 12/03/09, 11:05 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

The way to change a court order in Texas is to file a motion for modification. Your motion says: The old order says I can't move out of the state; there has been a change in circumstances since the order was signed; now the order needs to be changed. The Judge will either agree with you or he won't.

You can certainly ask for a change in custody also, and the factors you mention would be taken into consideration. Mom will deny the pot smoking. The incidents when she called you to come get the daughter are important; I hope you kept good records (dates, times, what was said) so that you can testify about what happened.

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Answered on 12/09/09, 10:10 am


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