Legal Question in Family Law in Texas

I live in the state of Texas and have a court order for visitation and child support for my son's father, however I am getting married and will have to move to Florida, dose my child support order change and do I have to go to court if his father is okay with the move, he also lives in Texas?


Asked on 10/14/15, 11:24 am

1 Answer from Attorneys

Thomas Daley KoonsFuller PC

You do not have to go to court if the father agrees. Here are your situations for the move:

1. The child support order imposes a geographic restriction on the primary residence of your child.

.....A: Father agrees to the move: Get it in writing from him that he agrees, file that with the court, and move. You need to get it in writing...even an email...because later you have a good chance that he will use that move against you.

.....B: Father does not agree to the move: You have to sue father in order to move.

2. The child support order does NOT impose a geographic restriction on the primary residence of the child. In that case, as Southwest Airlines would say, you are free to move about the country! LOL!!

Child support is not affected by this in a direct way. However, when one parent moves thereby making it more expensive for the other parent to exercise visitation, the courts MAY (not must) allocate that increase in expenses between the parties. You are in the 75287 ZIP code which covers three counties, so I can't really guess what the court would do in your case. But be prepared for the court to make you pay AT LEAST 50% of the airfare for dad to go back and forth once a month to visit, or for your son to go back and forth once a month to see his father.

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Answered on 10/16/15, 2:17 pm


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