Legal Question in Family Law in Texas
My sister and her ex husband have joint custody of their children, but he has primary custody and they live with him full time and visit her at his discretion. He has decided to move out of state and is taking the kids with him in a few days. Can he just leave town? Doesn't he have to notify her in writing and/or make arrangements for this??
1 Answer from Attorneys
If there is an order in place in regards to visitation then that order would control. If there is a geographical restriction in place then the parent would not be able to move without getting the underlying order changed. If the parent moves in spite of the order, the other parent should file an enforcement action and a modification lawsuit. If there is no language in the order addressing the right to relocate, the objecting parent should file for a modification requesting a geograpical restriction and request temporary orders since it will take several months for a final hearing.
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