Legal Question in Family Law in Texas

what are the laws in Texas about moving out of state with child. I am divirced and the primary parent. My ex-husband has our daughter the first, third and if there is a fifth weekend. He also has her every thursday. My boyfriend lives in Califorina and i am thinking about moving. What are the laws in the state of Texas....Thanks


Asked on 5/09/11, 5:18 pm

2 Answers from Attorneys

Thomas Daley KoonsFuller PC

The law is whatever is contained in your final decree of divorce. If the final decree places a geographic restriction on the primary residence of the children, then you cannot move the children to CA without the agreement of the other parent or an order from the court.

If there is no such language in the final decree, then you can make the move. HOWEVER, don't be surprised if the other parent files a motion to modify for the purpose of imposing a geographic restriction. If the other parent has not moved since the final decree of divorce was signed AND has exercised nearly all of his possession and access time, he has a good chance of prevailing.

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Answered on 5/09/11, 5:21 pm
Fran Brochstein Attorney & Mediator

Here it is short & sweet - not in lawyer language.

You can go to my blog and read more.

Go to my website & find my blog.

www.familylaw4u.com

You aren't going to like it!

Generally, the kid won't be moving.

You can do whatever you want.

I encourage you to try mediation.

If you want to move then you are going to have to make it worth your ex's effort to agree.

I think I answered a question similar to yours just a couple of days ago on this website so you can try to look it up.

Also, you can try my answers on www.avvo.com

Sorry!

My "best" story is the woman who moved to Hawaii with the kids & the judge made the kids move back to Harris County (they were really pissed!) and live with Dad! Mom got to visit her kids! She remarried & she thought she could just up and move because she remarried -- that does not work in Harris County if dad is involved in the kid's lives.

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Answered on 5/10/11, 9:24 am


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