Legal Question in Family Law in Texas

relocation

i have been divorced for almost 3 years, with 3 children and am the custodial paren. in the divorce decree it states that i have the exclusive right to designate the primary residence of the children and myself without regard of geographic location.� i am planning on moving 2 hours away with the kids.� my ex husband has the kids on the 2nd and 4th weekend of the months, and for 2 hours on thursdays for visits.� he will sometimes not get them on thursdays for visits if it isn't his weekend to have them.� can he stop me from moving?� i have told him i would meet him half way and would even bring the kids to him on our way to our bay house.� he is still threatening to take me to court and will not let me leave.� can he stop me from moving with the kids?


Asked on 3/30/09, 4:49 pm

2 Answers from Attorneys
Edgardo Baez The Baez Law Firm, P.C.

Re: relocation

You need to file a motion to modify to see what the court rules.

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Answered on 3/31/09, 4:32 pm
Bruce Zivley Bruce C. Zivley, Attorney at Law

Re: relocation

This question is not subject to easy analysis. You do seem to have the upper hand in that the present and controlling order does not impose a domicile restriction. He can always file something with the Court and ask for relief, and the Court can decide what will happen. I am not trying to alarm you, but to simply point out the obvious, which is that the Court can always decide something based upon the present circumstances. With that said, I would still rather be arguing your side of the case rather than his. I am a board certified specialist in the field of family law, practicing in the general Houston area. I would be glad to sit down and discuss your options with you. If you are interested in visiting, please contact me directly.

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Answered on 3/30/09, 5:04 pm


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