Legal Question in Family Law in Texas

Moving out of state with children

I will be getting married soon to a man in the military. I have three children, 14, 11 and 8 years old. He is in school right now in El Paso and after he graduates in May we will more than likely be moving, could be out of state or even over seas. In my divorce decree it states that I have the ''right to domicile regardless of geographical location'' as far as my children are concerened. I'm afraid that my ex will try to stop me from moving with my children. My ex hasn't kept medical insurance on our children for the past two years as he is ordered to, he sends my 14 year old son pornographic texts and he claimed our children on his income tax when he was not authorized to by me. Is there anything that my ex can do to keep me from moving? What will I have to do to be able to move with my children? My fiance is a wonderful man and my kids adore him. He has been in the Army for 19years, so he can't choose where he wants to live.


Asked on 8/15/08, 3:58 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Moving out of state with children

Since there is no restriction, you can move. This will not prevent your ex from filing for a modification to request a restriction. If you have documented his past behaviors, it will assist you in maintaining your right under the original decree. The failure to provide medical constitutes contempt, and he owes you for that. If he talks like he is going to file for a modification, then see a lawyer right away.

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Answered on 8/18/08, 3:47 pm


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