Legal Question in Family Law in Texas
Shared Custody and Residency Rules
My wife and I have decided to get a divorce after just over a year. We have a 3 year old daughter and we have agreed to get the divorce together and to share custody of our daughter. But my wife has an internet boyfriend (reason for the divorce) in San Francisco. When we get the divorce will it be given that she can't just up and move to SF with my daughter or do I have to have that order put in the papers?
1 Answer from Attorneys
Re: Shared Custody and Residency Rules
If a subject is not covered in the Final Decree of Divorce, then it is not enforceable. You should never assume anything in legal documents. Generally speaking, oral agreements are not binding.
If you don't have an attorney, you definately need to hire one so that the proper wording is used in the legal document. Often, non-lawyers write something that seems crystal clear to them but it completely unenforceable, unclear and often contradictory when read by a Judge or attorney.
If you don't cover where the child is restricted to live in the legal document, then the child and the mother can move the next day anywhere in the world and there is nothing you can do but ask for a new trial or a modification.
I strongly urge you to retain the services of an attorney that practices in the family court system on a regular basis. The State of Texas had some new laws come into effect on September 1, 2003, and you need someone familiar with the new changes.
Good luck!
Fran Brochstein
www.familylaw4u.com
713-847-6000
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