Legal Question in Family Law in Texas
''Primary'' parent wanting to move within county
I am the primary caregiver and have joint custody of my two kids (6 and 9). I have lived close to their mother in order to keep the peace, but have an opportunity to start over in a new city, within the county.
Our divorce decree says I must live within the county or a neighboring county. The new city is about 40 minutes futher from ex's house than my current home.
In short, if I want to move to this new city and change the kids' school to be close to my home (for once!), is this within my legal right?
Can she file a motion to keep the kids in their current school?
1 Answer from Attorneys
Re: ''Primary'' parent wanting to move within county
Since your decree only restricts the county, and you are not changing counties, then you can make the move. She has the right to file a motion with the court to try and stop you, but unless there is some other significant factor involved, I doubt if she would be successful.