Legal Question in Family Law in Texas
Moving 100 miles away
My ex husband and I have JMC. I establish residency for the children. My decree has nothing in it about moving restrictions. My ex has no money, so if I notify him 30 days (per divorce decree) and then move...there really isn't anything he can do, right? He doesn't have the money to have an attorney or amend the decree.
4 Answers from Attorneys
Re: Moving 100 miles away
Yes, there is something he can do. Even if there is nothing in the current order to prevent you from moving, he can file a modification and ask for a geographic restriction, or that you pay the increased costs of visitation, or even for custody. You can't assume he won't do anything just because you don't think he can afford it. If he's that broke he might qualify for legal aid.
Re: Moving 100 miles away
If there is no geographic restriction provision in the Decree, you are free to move. Of course, you do have an obligation to notify your ex and the court of the new address. You should also notify the agency that sends you the child support payments.
Re: Moving 100 miles away
From the sound of it, there is no geographical restrictions on the decree. If that is the case, then you are safe.
Re: Moving 100 miles away
Look at that portion of the decree where you are granted exclusive right to determine domicile and residence of the children. Is there any mention of a domicile restriction made there or in the paragraph preceding the visitation provisions? If not, you can presumably move without any restriction. Contact me directly if you want to futher discuss this matter.