Legal Question in Family Law in Texas

This really depends upon you divorce decree. Make sure that it does not contain language that requires you to live within a certain area. If you are moving outside of this area, the decree needs to be modified so you are not in violation.

The decree should address visitation when you live more than 100 miles apart. If if does not, you should modify it so it does.

I would furnish your ex a letter informing him of the move, the new address, have the letter recite that he has no objection to the move, and have him sign it. Also, if you are paying or receiving child support, you need to contact the AG's office about the move.

If you are going to have him sign an agreement, have his signature notarized.

I agree with the previous answer if there is no restrictive language in the current order. If there is, then a motion to modify the order must be filed and a new order must be entered with the correct information. If everyone is in agreement, then this is easy. If there is a disagreement, then it could get complicated.

You should have this done be an attorney so that the language of the order is enforceable. If we can help you with this, please call our office at (817) 336-8500.

In the final order that you already have, one of you (probably you) has the exclusive right to designate the primary residence of the child. In that language it either

1. says nothing more (meaning there is no geographic restriction),

2. says "without regard to geographic restriction" (or something similar that also means there is no geographic restriction), or

3. says "within xx County, Texas" or something similar (meaning there IS a geographic restriction).

If there is no geographic restriction, then you don't need anything from him. However a letter of consent from him would be nice in case he tries to adjust child support based on the increased travel expenses he will incur due to your relocation.

If there is a geographic restriction, you MUST have an order signed by the court lifting that restriction. The court WILL sign the order if you and your ex both sign it first. The Court does not want to raise your child, but it also wants to make sure that orders and agreements are honored.

Mr. Leonard is an excellent attorney in your area who could draft this agreed order for. It is absolutely critical that the order be perfect or you could face contempt-of-court problems in the future.

Good luck!!