Legal Question in Family Law in Texas

Moving out of state

My husband's ex-wife wants to marry a marine corp guy that is stationed in California, we are in Texas. Can she just up and move the 3 year old. He has joint custody. The divorce decree only talks about 100 miles and over 100 miles visitation would we have to go back to court for her to move. The over 100 miles we could not stick to cause the only difference in that is we dont get our wednesdays but still every other weekend. We dont agree. All the childs family is here on both sides.


Asked on 3/03/03, 4:18 pm

1 Answer from Attorneys
Basil Hoyl Law office of Basil Hoyl

Re: Moving out of state

This is a hot topic for litigation at the present moment in Texas. Most courts will allow either parent to move as they like, but will seriously consider keeping jurisdiction of the child and keeping the child where that child has contacts with his/her family. The best interest of the child is important. If a parent desires to move and that results in increased costs of visitation, that burden of increased cost is often borne by the party desriring to move. Decrees these days more often delimit the geographic area where the child may reside. You need to discuss the matter with a lawyer familiar with the particular judge with jurisdiction over your child.

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Answered on 3/04/03, 12:54 pm


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