Legal Question in Family Law in Texas

She wants you to sign the agreement because her attorney probably told her that to win in court would be an uphill battle. If your client regularly exercises his possession, it would be unusual for the court to allow her to take the child away. If the orders that she wants you to sign say that she must send the child (and pay for it) to him on a regular schedule, then they can be enforced. I would still recommend against this because your husband just can't have the same relationship with the child long distance.

Your husband needs to talk to a good local family law attorney.

In theory, at least, what the court will order will be whatever it feels to be in the best interest of the child, not what one or the other of the parents wants. If he doesn't agree to waive the restrictions, the court will listen to both sides of this, and should also appoint an attorney just to represent the child's interests. It's hard to say how that would end up. On the one hand, taking the child away from the father certainly wouldn't be ideal, but on the other, being separated from the mom and all the siblings doesn't sound too great either. I wasn't really clear if the move is really a done deal one way or the other or just something still being considered, but maybe the move would be dropped if it would lead to a custody fight? You never know. If this case goes to court, a lot of factors will probably be taken into account by the court, and it's impossible to say from this little information how it will probably turn out, but with very few exceptions, I don't think it's ever "stupid" to fight to get to be with your children. At the very least, hopefully he'll end up with better visitation and access terms, along with a stern warning by the judge of what will happen if she tries dropping of the face of the earth once she moves), and he could very well end up being given the right to have the child live with him. Good luck!