Legal Question in Family Law in Texas

Modifying a court order or making it null/void

I have a court order that was done in Feb.2005 my children were ages 2 and 5 months, but not they're 5 and 3. This is for joint managing conservators and I want to move out of the state of Texas just to be near family, and just a complete change. The issue is I can't move out of state due to this order. The agreement hasn't been followed through with the visitations. He see the children when he feels like it he's not working now and still doesn't get them as scheduled. Plus, my concern is that he's not stable enough, financially, and with where he lives. He's moved so much and I know he loves and cares for them, but leaving them in his care permanently. I know isn't the best move. I want to know how can I get the order modified where he can only have visitations in the summer, and other holidays would have to be worked out. Or just have the whole order voided. We agreed at time of the order not to file childsupport on one another, and he claims them on his taxes. I would like all of this reversed. Is this possible. I know he'll fight, but I do have concern for their environment especially around their father side of the family. I'm not comfortable moving and having to leave them here because of this order.


Asked on 4/24/08, 6:21 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Modifying a court order or making it null/void

First, you cannot nullify the order - the court has continuing jurisdiction over these children until they are 18 and out of high school.

You can retain an attorney to attempt to remove the geographic restriction. It is not an easy task. The law says that support and visitation are unrelated issues. That said, his history of uninvolvement or dangerous or unstable behaviors would certainly be relevant.

You are correct that you take them without permission of the court, and it is not likely to happen without an experienced family lawyer on your side.

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Answered on 4/24/08, 6:27 pm


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