Legal Question in Family Law in Texas

Understanding a Divorce Decree

I have been divorced over 2 years now. I was appointed managing conservatorship. I have 2 children. Their father was appointed Possessory Conservatorship. Can you tell me exactly what that means? I was not given any child support in any way. I am responsible for all medical, dental, all expenses of raising 2 children. Does this mean I have a legal right to choose where we live? Can I take the children and move to another state or country? If it was in the best interest of the children or as an improvement for me and my employment and income can I move to another state or country? If not what is involved in amending the current divorce decree? The divorce decree ''booklet'' is written in language I donot understand. Can you help?


Asked on 10/27/02, 10:44 pm

1 Answer from Attorneys

Bob Leonard Bob Leonard Law Group, PLLC

Re: Understanding a Divorce Decree

Your rights should be spelled out in the divorce decree. If you used an attorney, the information that you seek should all be there. If you obtained your divorce without an attorney and using certain "forms", etc, you may not have effectively allocated the rights and duties of the parents.

Generally, both parents are responsible to third parties for the expenses of the children. If you do not have a divorce decree, however, that properly allocates those expenses, then it is possible that you could have a difficult time getting any reimbursement. Most decrees clearly allocate responsibility for medical and dental expenses.

Whether you can move should also be in the decree. Many, if not most, decrees provide that you cannot move from your original county of divorce or an adjacent county. That might not be in your decree.

The provisions in a divorce decree affecting children may be modified at a later date including child support, possession, and rights and duties or the parents. You should contact an attorney and see what you have now and what needs to be changed.

If you did not have an attorney the first time, it is important to get one now. If you email me, I can give you the names of a couple of good Austin attoreys.

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Answered on 10/28/02, 12:09 pm


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