Legal Question in Family Law in Texas

Joint custody awarded in same county & state. Wants to move out of state now
My ex- girlfriend and I had a son. I was paying her some child support when she remarried and moved to CA about 21/2 yrs ago. We had not gone to court to establish paternity or legal counsel. After 6 mos. she left husband and moved back home to TX. Upon her return, I hired a lawyer and we got everything done legally. I now pay child support through the courts and was awarded joint custody with all the visitation rights. I get my son as often as I want, which is often,since me or my parents watch him most of the time. Now, she decides she is going back to CA, to try a reconciliation with her husband after being gone for two years. Can she just up and move my son to CA since we have joint custody?

Asked on 4/10/01, 2:41 am

3 Answers from Attorneys

Michael O'Connor Michael O'Connor, Attorney-At-Law

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Re: Joint custody awarded in same county & state. Wants to move out of state now

If your divorce decree didn't include a geographical restriction limiting where the child could be taken to live, then she can move if she wants and take the child with her. You will have to go back to court, asking the judge to modify the decree to restrict her from taking the child out of the state. This isn't automatic...both parents will try to prove that it is in the best interest of the child to leave or stay. Call me at 713-465-1465 if you have any questions.

Answered on 6/08/01, 10:08 am

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