Legal Question in Family Law in Texas
Joint Custody Moving outside County
Father and mother share joint conservativeship each having two of four children. The mother recently moved to another county but 70 miles away. The decree allows her to move but states that the parent who moved should bring the children to the non-moved parent and pick them up. The mother refuses to spend the extra money in transporting the children. The divorce has been in effect for over a year and she has always provided the transportation. She states that she will call the police if he does not bring the children to her. Last weekend she had no problem picking up the children but now she is changing her tune. To me she is responsible for providing transportation for the children to her house and back. Is this true?
2 Answers from Attorneys
Re: Joint Custody Moving outside County
If that is what the decree says, then she is obligated to provide the transportation. He can file a Petition to Enforce the Decree. (And she might follow with a Petition to Modify, in which the issue will be re-litigated).
Re: Joint Custody Moving outside County
IF the decree reads as you say, then the mother is required to transport the children. The father can always file a motion to enforce. If my law firm can assist you with this legal matter or any other legal issue, please contact my legal assistant Jennifer ([email protected]).