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.


Asked on 2/25/09, 4:52 pm

4 Answers from Attorneys

Patricia F. Bushman BUSHMAN LAW OFFICES

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.

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Answered on 2/25/09, 6:39 pm
Robert Matlock Robert J. Matlock, P.C.

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.

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Answered on 2/25/09, 4:59 pm
Edgardo Baez The Baez Law Firm, P.C.

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.

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Answered on 2/25/09, 5:03 pm
Bruce Zivley Bruce C. Zivley, Attorney at Law

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.

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Answered on 2/25/09, 5:08 pm


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