Legal Question in Family Law in Texas
amending divorce agreement
My friend got Divorce 2 years age and agreed to live with in 100 miles of her ex for the kids. Now she wants to get remarried to a Marine who will be stationed in another state and will have to move according to his job assignments. She has custodial rights, her kids live with her and visitation to her ex. The ex says she can't move the kids and she will have to leave them behind. How/WHo does she contact to amend this. Does she have any right's. Does she not just have to inform her ex and the courts of her move? Can her ex stop her? What forms, what court does she begin with and who does she file with, Attorney General? Thanks Terry
2 Answers from Attorneys
Re: amending divorce agreement
The Court's order says she will live within 100 miles. It doesn't say anything about unless she marries a Marine. If she wants to go with him, she will have to leave the kids behind unless she can convince the judge that it is in the children's best interest to change the order. Unless she has legal training in the fine points of Family Law, "forms" won't be much help. Better get a lawyer or choose somebody within 100 miles to marry.
Re: amending divorce agreement
She does have rights. She has the right to not marry someone who will take the children more than 100 miles from their father. She has the right to marry the marine and have visitation with him when he gets time.
Remember, this is about the children.. not your friend. Your friend has choices, the children do not. The issue is what is in the CHILDREN's best interest. The strong presumption of most courts is that it is in the children's best interest to have both their parents close by to have a meaningful relationship with. The parents get to choose whether to live that way but they dont get to choose to take the children away from the other parent.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
