Legal Question in Family Law in Texas

My girlfriend and I are moving from Texas to Florida. She has children with a former husband. The former husband currently lives minutes from his children. Even so, he rarely sees them, or speaks to them for that matter. He rarely pays the court-ordered child support and when he does, it is a small fraction of his obligation. My girlfriend has given him verbal notice of her intention to move out of state, which he did not object to. She also intends to give written notice, to both him and the court that holds jurisdiction over their previous divorce. Her children want to move. Members of his family have said she cannot take them out of state without his permission. Their divorce decree has standard wording and general clauses. Why can he do to keep them here, whwen it is time?


Asked on 2/25/11, 11:26 am

1 Answer from Attorneys
Brandy McIntyre Law Office of Brandy Reynolds McIntyre

The Divorce Decree is the controlling document in this situation, so read it very carefully. If it does not say anything about where the parents can live with the children, then you can move. The ex could take you to court to stop the move but if he is behind on child support that will be brought up in court too, so he probably won't. Anyway, if the decree says that she cannot move with the children out of a certain state or area then it is a court order and she can be held in contempt of court for violating it and put in jail. If the decree says she can't move then the only way to get permission is to go back to court and ask the judge to grant permission. If there is good enough reason to grant it the judge may give permission.

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Answered on 2/28/11, 1:23 pm


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