Legal Question in Family Law in Texas

I have custodial custody of my daughter as well as a geographical restriction in my divorce decree. My husband is harrassing me and I want to move. What happens if the judge won't allow me to move with my daughter and I move anyway? Please answer with two scenarios, with and without my daughter.


Asked on 8/23/11, 2:59 pm

1 Answer from Attorneys

Thomas Daley KoonsFuller PC

Moving With Your Daughter, Without a Court Order: Your husband can file a motion to enforce the geographic restriction and probably get a court order to require the child be returned to the geographic area. You would then end up with a serious custody battle on your hands, which, depending on whether a social study is done and, if so, what it turns up, you might lose custody of your daughter and have to start paying child support to your ex.

HOWEVER: If you move and he doesn't file a suit within a year, I'd argue that he acquiesced to the move and use that argument at any future custody/conservatorship hearing.

Moving without Your Daughter: After 6 months, your ex will file a Petition to Modify the Parent-Child Relationship, he will become the primary conservator, and you will start paying him child support.

Some other notes:

1. Why move? Why not attack the harassment? Call the police or the DA. If it's electronic harassment, that will continue even after you move.

2. Don't give up on the order allowing you to move. **HIRE AN ATTORNEY**. Then file suit, file a motion for mediation, force your ex into mediation and offer to give him a break on child support if he let's you move. People sell their kids every day. Also, if he's not exercising his visitation regularly, you'll stand a good chance of winning your modification anyway.

WORST IDEA: Just violate the court's order and let the chips fall where they may. That is the worst thing you can do.

Good luck!!

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Answered on 8/23/11, 3:15 pm


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