Legal Question in Family Law in Texas

Non-custodial parent moving to another state

I am not divorced yet. I have a 5 year old daughter. The mother will be the custodial parent when the divorce is final. I want to move to another state to re-marry. Is it to my best interest to indicate my request to re-marry and indicate my requests for visitation based on the fact I know I will be in another state (I want to request to have her for the summer months and 1 weekend per month). OR should I not reveal my request to leave the state and re-marry until after the hearing? My soon to be ex knows about my affair (she has also been unfaithful in the marriage), but I haven't revealed my intentions to her that I plan on moving to re-marry.


Asked on 7/29/03, 4:01 pm

1 Answer from Attorneys
Jean Sudduth Jean Sudduth, Attorney at law

Re: Non-custodial parent moving to another state

I see no need to advertise your intentions. Be aware that if you are the one who moves you will likely have to pay for transportation both ways. It might be a bargaining chip that you do not request that the child's primary residence be limited to the county of divorce. Tell your attorney of your plans and let him/her decide whether it is much of a baraining chip in your case. Announcing what you might do in the future is never very wise.

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Answered on 7/30/03, 8:11 pm


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