Legal Question in Family Law in Texas
I currently have joint custody of my son with his mother. He lives with his mother and I have standard visitation rights. We live about sixty miles apart. She has decided to move in with her boyfriend which only lives about 20 miles from me. If I were to move into her new neighborhood is it possible at this point to get joint physical custody and split time 50/50? Also, if things don't work out with her living with the new boyfriend (only dating for a short time) is there anyway to keep her from moving back so far away?
2 Answers from Attorneys
The mere fact of you and she living closer to each other PROBABLY would not be considered (by the Judge) to be enough of a change to justify a modification of your order.
But it very much depends on the Judge, and the social study.
As fo rher moving far away, look at your decree (or the most recent modifying order) - it either contains a geographic restriction or it doesn't.
I would be glad to meet with you, review your current decree and give you my opinion.
I charge $1 per minute or $60 per hour to do this. Usually takes 1-2 hours to do this.
If your case is in Harris County, it's the county I'm most familiar with.
If she's agreeable, you can modify by agreeable and you can do pretty much anything you want.
Email me if you are interested in meeting.
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