Legal Question in Family Law in Texas

Can my ex move my children to another city(500 miles away)?

My Ex and I have been divorce for 6 months. We have two children, 15 and 12, and my youngest told me that his mother intends to move them from El Paso to San Antonio at the end of the school year (June '14). We are Joint Managing Conservators, however she has the exclusive right to designate the primary residence of the children (Currently for school purposes the eldest lists my address and the youngest hers). The current custody agreement is one week with their mother and one week with me (alternating holidays). There however are also terms for parents that reside more than 100 miles apart from each other in the possession order. I have spoken with the children about their feelings regarding the potential move, my son (12 year old) recites what I can tell is the propaganda that my ex has fed him "I feel it will be a new experience and they have much better schools". My daughter, has stated she would prefer not to move, but would if her mother told her she has to. My Ex's family is here in El Paso and she currently enjoys a six figure job, she has desired to relocate to East Texas for years and has found a job out there that would increase her salary. She also currently has a live in boyfriend whose children reside in the San Antonio area which I believe have added to her decision to move. My questions are, what are my chances of stopping her from moving them and should I take action sooner rather than later as her decided move date is still over half a year away?

Asked on 10/30/13, 10:37 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

It does not appear that you have a residency restriction in your current divorce order. You do not state that your divorce decree included one.

I would encourage you to go back to the attorney that assistance you in your divorce and discuss your situation immediately.

If you did not have an attorney when you divorce then you need to find one immediately.

I would look on this website & on for an attorney in your area to help you.

Take your current decree in to the attorney for their review and discuss the likelihood for a modification.

Good luck!

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Answered on 10/31/13, 8:57 am

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