Legal Question in Family Law in Texas

Here is the situation: When my ex husband and I divorced we came up with a custody agreement for our 2 children and presented it to the courts. Right now we both currently reside in the same Texas County, our agreement is 50/50 split with me being the primary custodial parent. This agreement consists of one week on, one week off. This agreement is in affect until August 2016, when our oldest starts kindergarten. My ex is moving to a different county in January to be with his girlfriend. Beginning in August of 2016 our agreement changes and I will then have full custody of our children with him having standard visitation every 1st, 3rd, and 5th weekend. However, at this time it also states that I must move to the county in which he resides in, or the next county south.

I am planning on getting married towards the end of 2016. However, my fianc� does not live in either one of the counties stated in our agreement. But he doesn't live far from them, a very doable drive to meet for children. My company also has a location near the county in which my fianc� lives, and not only am I able to transfer, but I also might have the opportunity for a promotion within that location.

So, my question is; will it be possible for me to take my ex husband back to court to have our agreement changed so that once I am married I am able to live in the county where my future husband lives?


Asked on 12/14/15, 12:29 pm

1 Answer from Attorneys
Thomas Daley KoonsFuller PC

I'd have to read your final decree of divorce to know exactly how to answer you. I don't think the court can force you to move, even if the decree says that you will. What I'm envisioning based on your explanation is a very strange possession order.

If it becomes an issue, I would file a motion to modify the parent-child relationship and just tell the court that things have materially and substantially changed and the agreement is no longer workable.

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Answered on 1/16/16, 11:05 pm


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