Legal Question in Family Law in Texas

I am getting married and my fianc�e has a geological restriction on her and her daughter. I limits her to the county she lives in. We need to move to where i live for my job. It is 95 miles from her current address to the new address. what do I need to do to get this changed in the divorce decree?


Asked on 7/19/10, 9:35 am

3 Answers from Attorneys

TC Langford Langford Law Office

There is no guarantee that you will be able to achieve the change. Your fiancee will need to file to modify the decree, and request that the court expand the geographic restriction. Her exhusband may choose to agree with the modification, or seek to enforce the restriction as ordered. You will need to retain an attorney.

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Answered on 7/19/10, 1:02 pm
Jeffrey Brashear The Brashear Law Firm, PLLC

Baseed on what you have written, your fiancee will have to go back to the court which issued the current order and file a motion to modify. Prior to filing the motion to modify, you should have a local law firm review the specific terms of the current decree and assist you with the process of attempting to obtain the modification. Remember that the ex can always agree to the modification or oppose the modification. Additionally, there may be a requirement within the original decree which states that the parties agree to attend mediation prior to filing any action other than an enforcement.

The above response given is not intended to create, nor does it create an on-going duty to respond to questions. Additionally, the response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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Answered on 7/19/10, 1:14 pm
Fran Brochstein Attorney & Mediator

If both parties agree to modify the current legal document, then it's easy.

I can sell you the forms to just file the paperwork yourself.

[email protected]

713-847-6000

If the parties don't agree, then Jeffrey Brashear is correct, you need to see if mediation is required. I'm also a mediator and I'd be glad to mediate. My fees are below the going rate - $250 per side for 4 hours. I offer flexible times incuding afternoons, evenings and week-ends to mediate if both parties agree. I'll even order pizza for the mediation if everyone is hungry.

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Answered on 7/19/10, 4:06 pm


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