Legal Question in Family Law in Texas
Leaving the State
My husband and I are divorcing. I would like to move back to Louisiana with our child. Can he contest this and make me stay in Texas?
3 Answers from Attorneys
Re: Leaving the State
These issues are decided in the best interests of the child. You don't tell me the age of the child or if there is a strong relationship with the father. If the child is old enough to make a choice to stay with the father (age 10), that would likely be sufficient; if the child has a strong relationship with the father, that would be another factor. But, the father could contest the removal of the child from TX, and it would be a matter for the judge to decide.
Re: Leaving the State
He might be able to. Texas law requires that a statement now be put in divorce decrees either restricting or not restricting geographical location of the children. Be sure to let your attorney know of your future plans so that he or she may protect you accordingly.
Re: Leaving the State
The short answer is maybe. The are a number of factors to consider, including what court you are in. Attitudes about residence restrictions vary greatly from judge to judge. Generally speaking, if both parents have a good relationship with the child and the child has established roots in the community and the parents are appointed joint mangaging conservatorship, then most courts will impose a residency restriction. If you wish to relocate to LA and away from the father, then you are going to need a good reason and an understanding court.
Good Luck.