Legal Question in Family Law in Texas
Can he stop me from moving because it's the middle of a school year?
I have 2 children and plan to move to a contiguous county to Dallas County (as my decree allows)in the next few weeks. My ex-husband is threatening to file a court order to stop me from moving the children in the middle of the school year. Can he stop me?
He consistently threatens court action against me but has never followed through. This causes anxiety for my children (ages 10 and 13). Can I stop him from talking about this to them through some type of restraining order?
If he ever attempts to take me to court, will the court address the fact that he is not paying child support? Could contempt charges be brought against him as a result of him taking me to court?
1 Answer from Attorneys
Re: Can he stop me from moving because it's the middle of a school year?
I presume your doing something about him not paying child support. If you're not, you should. Might quieten him down a bit. He can file whatever motion he wants, but he must prove what he says. Usually, the standard of proof is - what is in the best interests of the children. I would presume that you have the best interest of the children in mind for any of a number of reasons. A motion for contempt could not be brought against him for taking you to court, but if he takes you to court, that would be the ideal time to file enforcement and contempt against him for the unpaid child support.
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