Scott Morgan --
Board Certified
Family Law Attorney
Scott Morgan --
Board Certified
Family Law Attorney
Relocation Cases
Here is an interesting post about relocation cases in the state of Nevada. The author is a college professor in Nevada who blogs about his divorce experience. He describes the relocation statute and how, in his opinion, it is usually applied in a way that allows the custodial parent to move the child away from the non-custodial parent.
The Nevada statute gives very specific guidance to the court making such a decision but some of the factors seem rather weak to me. For example, the statute lists factors the court should consider in making its decision, including “whether housing and environmental living conditions will be improved,” and “whether the custodial parent’s employment and income will improve.”
The Texas Family Code has a statute that requires that all orders naming the parties as joint managing conservators (typically, divorce and paternity cases) to give the exclusive right to establish residence to one parent (this is generally what determines which parent is “primary”). That statute further requires that the order state whether the residency is restricted to a specific geographical area (and if so what area) or that there is no geographical restriction. The vast majority of Texas cases include a geographical restriction. A typical example would be a restriction to Harris County, Texas and the contiguous (surrounding) counties.
Unlike Nevada, the Texas Family Code does not provide any specific guidance as to how the courts are to determine relocation cases. So when a custodial parent with a residency restriction wants to move that parent would file a petition to modify, essentially asking the court to remove the restriction. Ultimately, the standard applied by the court in deciding the case would be whether the move was in the child’s best interest.
Although a lot of factors would be considered, in most cases the biggest factor is how involved the non-custodial parent was in the child’s life. If that parent was very involved with child, the custodial parent probably would have a difficult case to win. If the non-custodial parent was uninvolved, the custodial parent would have a much stronger case.
Scott Morgan is Board Certified in Family Law by the Texas Board of Legal Specialization. He has practiced family law since 1994 and is the founder of the Morgan Law Firm which is dedicated exclusively to representing divorce and family law clients in the Houston and Austin areas.
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Thanks for the link, Scott. Technically the Nevada statute is silent on the factors. The factors are derived from case law.
Interestingly, I was a resident of Texas for 5 years before moving to Nevada. In hindsight, it would have been much better divorcing in Texas.
Steve, thanks for the clarification.
Hi, a question that I am going thru now, I have custody of my 2 year, my ex does have alot of time with her, but I need to move a little over 100 miles away to get a better job. My divorce states that as long as I stay within 100 miles that I can move wherever, now the move I want to make is 125 miles away, does that make a difference since it is such a small number of miles over the allowable limit? Can my ex keep me from moving, can he go to the court and get custody of my child because of a move to another city? Typically how long of a fight can I expect were it to go to that point. Thanks for your help. James
James, I usually try to avoid giving the standard response of, “you need to talk to a lawyer” about the specifics of your situation and the language of your order. In your case though I think it is good advice. The specific language of the court order is crucial in evaluating your situation and no attorney could really help you without first doing that.
Hello I m running into this issue with my ex in collin county, we have gone to court spet and in march and are now scheduled to go again in aug due to her asking to lift the current restrictions she has to live in collin county etc,,, she wants to lift the restrictin and move to CA,,,,she laims for work yet I know it is not, she works from home and we work for the same company… how do i put an end to going to court every 4 mnths, its getting old… and hurting the kids,,,
My sister’s divorce decree states that if her ex misses two periods of visitation in any calendar year, that the geographic restriction “is lifted” in that exact language. Since this special provision is unique, we feel that a motion to modify was not necessary for her to request permission to leave the state after he did miss (he also admitted to missing more than two visitations during the motion to modify trial). Is she wrong to assume that this special provision allows for automatic permission once the admission was made that he missed? She is very afraid to leave the state and be pulled back because “is lifted” does not actually mean “is lifted.” Help! Thanks.
Danielle, this is another one of those situations where your sister needs a good family law attorney to review her Decree and get detailed information so she can get some good advice. Geographical restrictions are tricky and an area where the law keeps evolving, so she really needs someone good to properly advise her.
I tried to get the geographical restriction lifted this summer but, my ex wouldn’t negotiate. I am an employee with Dallas ISD and I am in the pool to be RIFed. How will this be handled with the courts trying to get this restriction lifted? I was told in pre-trail court under Judge Hanschen, that he would side with my ex, without hearing the facts of the case. I have no family here and I am facing loosing everything.
Scott –
My problem is similar to James’ in that I am wanting to move 20 miles past my geographic restriction. My ex has agreed (verbally) to this, but I want to have it in writing. I am unsure on the wording for this, however. Could you help? I’m planning on having it notarized and filing it with the court, as well.
Thanks!
Chris Anne
Chris Anne, you should really go to an experienced family law attorney to review your Decree and make sure that this is handled correctly in order to protect yourself from a future action. There is not a generic “correct” answer to these situations as it depends on analyzing the specific language in the Decree and then taking the necessary action to ensure that you are covered and not in jeopardy of a future contempt case.
Scott,
My X and I have joint custody of our 12yold daughter although I am the parent with the right of residency. He looks good on paper…paying child support on time every month and exercising his standard visitation. My daughter has been very unhappy the last several years going over there. She would rather just stay with me. There have been tears shed over this. She has also said things like she wants to runaway sometimes when she is over there. So obviously, there is a lack of relationship between the two. We are both remarried with other children. My husband got laid off 1 month ago but was lucky enough to find another job right away. Unfortunately, it is in Colorado. We are in collin county, which is where the divorce took place. My husband is in the fitness industry and has worked his way up the corporate ladder quite nicely. There are no other manufacturers of fitness products based out of Dallas. Staying in the same field would require us to move not matter where it would be. He has worked so hard and this is such a great opportunity for him and our family. I am so scared that I will be leaving him to go to Colorado alone and staying with the kids cause my x won’t let my daughter go. I am so stressed out right now. My place is with my husband and my daughters place is with me. What are my chances? What should I start working on with my attorney to have the very best chances. He pays child support….which I would give up all together to not have this battle. My daughter has already said she will sign whatever to go with me and her step-dad, whom she is very close to as well. HELP!!!!!!
one stressed out mom in collin county!!!!!
Angie, I’d recommend you consult with a good Collin County family law attorney as soon as possible (preferably one board certified in family law) to review your Decree and discuss your options.
I don’t know any of the judges in your county, but in Harris County and Fort Bend County where I practice, it is usually pretty difficult to convince a judge to lift a geographical restriction when dad is pretty involved with the child (paying support, exercising visitation regularly, etc.). Of course, if your ex agreed to lift the restriction your problem would be solved, but that usually is not what happens.
Good luck with your situation and, like I said, get the advice of a local family law attorney as soon as possible to help guide you through your situation.
Thanks for the reply. What if there is not restriction though? Our divorce was final in 97 and there does not seem to be a distance restriction anywhere in the papers. My husband and I have both looked over and over. There is a paragraph about parents that live more than 100 mile apart which is the standard visitation schedule, and then there is an alternative one too for over 100 miles (Basically every spring break, alternating holidays and 42 days out of the summer. It also has one weekend out of the month of his choice but I don’t think that will be exercised due to the cost and distance. Of course we would pay 1/2 the travel cost…and take less child support for assist him in the travel cost as well. He will also be able to take her off his insurance plan which has been court ordered since 97. Does the fact that we are so willing to work with him and help keep the relationship (or lack of) going help us at all? Does what she wants matter? And with the current economy, would your judge take into consideration that it is either moving or financial devastation? I’m sorry for all the questions, it’s just eating me alive!!! I do have an appointment with a great family attorney on Wednesday. I am just trying to get a “leg up” on things to talk with him about. Apparently, this attorney is very well-respected in this court and by this judge. So I know some of this is political. I am hoping that helps our case some. Thanks for your help. Wish me luck!
Hi Angie, I commend you for scheduling an appointment with a good family law attorney. That is a crucial step that many people in your situation try to skip and then they regret it later.
With a Decree that old it is likely that there is no specific language on whether or not there is a geographical restriction. This was not required statute until (I think) 2003. Of course, I am just guessing and your lawyer should be able to properly advise you after reviewing the ’97 Decree.
All of the issues you raised can help your case and might possibly help you reach an agreement with your ex. But the best thing you can do is get good advice about your specific situation with an expert (sounds like you have this lined up) and then follow that advice to the letter. Good luck!
Scott,
I currently have a geographic restriction that I can only reside in counties contingent to Caldwell County. Between the agreement of both parties I was able to relocate to my hometown, McAllen, five hours away. The reason for the move was to attend graduate school and to be closer to my family after my father’s death. The agreement was only for a year as my child will enter school age and cannot go back and forth. My question is, will graduate studies positively effect a restriction being lifted and the obvious evidence that I am trying to better the life of my son through my choices as a teacher/coach and graduate student? Also, very important, my X-husband and I are very good friends and parent very well together, compromise, and have no hostility within the family. He and his family are still considered family. Will this friendship matter in deciding the best interest of the child?
Hi D –
The changes you have discussed could certainly help your case, although to get a valid opinion on your chances of winning at the courthouse you should absolutely consult with a qualified local family attorney. Of course, if your ex agreed to the change then you should have no problems.
Hi, I reside in Harris County but I moved here 6 months ago from nueces county. I have been divorced for a year and a half and have no restrictions on relocation in my child custody papers. I am engaged and my fiancee is in the coast guard stationed in New York. Unfortunately he is stationed there for the next 3 years and it will be near impossible for him to get back to the Texas area. So I am wanting to move there. My ex-husband is forbidding the move. My ex pays child support regularly and sees my son about 36 hours once every month when he can fit it in his schedule. My ex informs me what weekend he will visit my son about 2 weeks before he comes and I always accomodate. The visitation is so random and whenever it can fit in his schedule. It is a joint conservatorship and he keeps threatening to take me to court. What do you think? I have an appointment on Thursday with a family law attorney. I just want to know what my chances are.
Sorry, one more thing. I also told my ex that the visitation won’t change. I will fly with my son one weekend a month as long as we are rotating the expense of the flights. There is no difference in visitation other than the expense of the plane tickets. He isn’t agreeing to it.
Hi Natasha –
You have done the smart thing by scheduling a consultation with a family law attorney to discuss your situation in detail. Make sure your bring a copy of your divorce decree to the consultation so the attorney can review the language to ensure that there is no residency restriction. If there is none, then the burden is shifted to the father to file a motion to modify, seeking to have the court revise the order to include a restriction. Whether he would actually do this or is just bluffing is anyone’s guess. One very helpful thing you can do is to keep a calendar or a log of his visitation activities. This helps in court if he were to claim that he exercises all or nearly all of his available visitation. Good luck!
Hi,
i reside In texas and I am in the military. In my divorce decree a metting place between my ex wifes house and my old house was set. Since then My ex has moved and I have moved (closer to her) since I am in then military. however my ex will not change the meeting place. She still would rather drive 3 hours to drop our daughter off rather than 1.5 hours. I am getting out of the military in the next few months. I will have to hire an attorney to revise my divorce visitation to put a clause on there about traveling via air or putting a new metting place between ohio and Texas.
Is it simple to change the divorce decree visitation ???
What you have described is a modification case and one that (at least currently) is not agreed to by your ex. This is essentially a brand new case and, although the issues are more limited, it can be just as lengthy and expensive as an original divorce. For both parties sake, the best solution in most situations is to reach some agreement so that the modification is not contested. Good luck with your situation.
Hi, I reside in Harris County with my fiance. We have lived together for almost 2 years (close to a year in Michigan, and a little over a year in Houston) and we’re now seperating. I would like to move to AZ where my parents and brother live and take our daughter who is 18 months along with my 2 other kids from a previous marriage with me. I have been a stay at home mom and moving would make things easier with having the family to help instead of paying for day care for me to work. How likely is it, since he’s objecting the idea of me moving, that the judge would give a geographical restriction? Do we constitute as common law that we need to file for a divorce? Please help, i’m so lost as to what to do.
I have a son that is 15. His father currently resides in the Houston area. We never married. Our agreement was the standard one from 1994. It did not include a geographic restriction. Several years ago my son and I moved from Galveston to Georgia to care for my ill parents. Up until now my son’s father has let me know in late winter when he would have his summer visitation with our son and then would purchase the airline tickets and send me copies. It has always worked out well. In the last couple of years, he began living with someone then married her. Since this has happened, my son has been unhappy with the visits (he is treated like a child instead of a teen and has been made to feel unwanted by the stepmom and her kids).
I have 2 questions
1) this year my sons father stated he wants me to pay half of the airline ticket. he has never asked this before. I always thought it is the responsibility of the other parent to pay to visit…. especially since the child support comes no where near half of my son’s living expenses and I have not asked for an increase but 1 time in his entire life.
2) my son is wanting to get a part time job to save money for a car and college. he does not want to have to give the job up to go to visit his dad and then have to get another one when he gets back but he does want to see his dad…. can we insist that he comes here?
Kay, a valid answer and advice on how you should handle this complicated situation really requires a consultation and review of your order by a qualified family law attorney. I would really recommend that you schedule that as soon as possible. Generally, the specific language of your order is going to control and then the legal question would become whether the action or inaction was a violation of the order and potentially subject to contempt. A further complication is that judges are sometimes reluctant to order contempt on a parent in cases involving teenagers who don’t want to do the visitation. A 15 year old is a very different situation than a 5 year old. Nevertheless, the order language is of paramount importance and you really should consult with a lawyer about it ASAP.
hello Scott,
I have a 13 year old son, who is not wanting to visit with his father. We just moved to the houston area about 7 months ago and his father has decided he wants to be active with visitation. He has only seen him a hand full of times in the past 13 going on 14 years. Now, we are in the middle of going to court and the temporary visitations are not going very well, the child has ran away, he walking to friends homes after school on Wednesdays to avoid being picked up. He is an honor student with all AP classes, he is smart kid. My husband has pretty much raised him since the age of 5. My son will not dare to even call his bio-father even “dad”. We aree having such a hard time with him. We see a counsler frequently, she has tried to get his father to come up with a stair step visitation and his father will not hear it. He is stuck in his ways and tells my son that he does not care what he wants and does not care if he does good in school. He will pick him up when its his time from school as ordered in court papers. What should I do?
Angie, that is a tough but unfortunately common situation. I don’t have any easy, quick solution. The primary thing you have to be concerned about from a legal perspective is that you avoid doing anything that put you at risk of being held in contempt of court for not allowing dad to have his court ordered visitation. If dad didn’t get visitation because the teenage child refused to go that is one thing, but if you do anything that could be characterized as “interference” with the visitation, then contempt becomes a possibility. My experience with these kinds of situations is that either 1) their relationship will improve somewhat and the visitation will normalize, or 2) as your son gets older the father will get tired of the battle and will stop doing the visitation. But the bottom line is that you should definitely not interfere with the visitation. If you feel that the situation is so bad that it is truly harming your son in a significant way, then you should consult with a lawyer about attempting to modify the visitation order.
Hi Scott:
I am getting remarried in a couple of weeks to a military man. He is stationed in Alaska and I have 3 kids, 2 of them are with my ex husband. My ex was and has always been a non participant of any court orders…..so we ended up getting a default divorce. I have NO geographical restrictions! He also has until the 28th of this month to modify the divorce and we haven’t heard one word yet. My lawyer says that all I have to do is give him a 60 day notice and that is it. My question is…..do I really just go about making plans to move because I have the right to? Because when you get married into the military and get added on as dependents and get command sponsorship to move….you have to setup travel and we have already signed a lease on a house, plus you are ordered by the military to move since they have to amend his current orders. I just want to make sure that I can do that……just need another lawyer’s opinion……Thanks!!!
Hi April – I really can’t give a second opinion without actually doing a consultation and reviewing the order, but it sounds like you already had a lawyer do that. The key issue is whether your current order gives you the right to move already (ie, no geographical restriction) or if you need to modify the order before moving. Assuming the order says you have no geographical restriction then you are fine, unless your husband can obtain a court order otherwise before you move.
My husbands ex has sole managing conservatorship. This is a temporary order for ONE year. We have supervised visits through a center…once again this is temporary for ONE year. My husband was previously incarcerated so the judge is trying to get my step daughter used to my husband. The ex has a new boyfriend who does not like my husband so he has told my step daughter that since her father is around they are moving to New York where he is from. Can we stop this from happening? Is there something we can file so she can’t be taken. Her mother does have sole managing conservatorship but its only temporary for a year.
Daniella, usually a SMC provides that the parent with custody does not have a residency restriction, although you should review the specific language of the order. Also, you should consider consulting with your lawyer about your chances of modifying the temporary order to create a geographical restriction, if it does not already exist.
Hello,
My husband has two children (ages 5 & 8) with his ex wife and share joint conservatorship. However, we have no geographical restrictions. We live in San Antonio and currently drive 2 to 3 times a month to meet the ex in Brady, TX (half-way) as the children’s mother lives outside Abilene. We would like to move to Beaumont as I am a student finishing an education degree. Also, we are concerned with the long travel hours of the children. Our 5 year old daughter is developmentally delayed and sometimes rather sickly. Would moving still require us to meet in the same place and also increase travel time? Would we be able to share the travel expenses if plane tickets were involved instead of driving?
Hi Denise, it is really worth paying a good family law attorney (in the county where the order was entered) for a meeting to review the Order and give some advice specific to your situation. Geographical restriction issues are complex and you need someone experienced and qualified to look at the order carefully and consider all the circumstances before advising you. Good luck with your situation!
I found your blog on google and read a few of your other posts. I just added it to my News Reader. Look forward to reading more from you in the future.
Hi Scott, my case is not complicated but, now I want to lift the Geographical restrictions, (well I asked him since we were divorcing.. that I was not going to fight anything, but I just wanted to keep the Geo Rest open because I wanted to move out of Webb county) I found a Job in TEXAS AM Corpus Christi which is not going to pay me more I am going for the same salary, but has a lot of benefits and the best of all is that I finally going to study my masters degree, I sacrificed my masters so he could study his… even payed with my monies, and I will be studying during my working hours as part of my job, it’s an 8-5 job, and I really like the city, I recently went to my lawyer to ask for this restriction to be removed so I could go to work to CC and he has responded back with a rotund no, and now he wants the kids, he pays child support, and does his visitation as stated, but I have asked him some other times to take care of the kids, and usually says no, or my schedule starts at 5 not at 3, he used to have a one BR appt, and since I ask for this he moved to a bigger one, also has no clothes for the kids, there has been a few times that brings them over 10-30 or 11:00 in the night… thus violating the time on the order, this last time I told him I was going to report him, and he has been behaving well, also my daughter (she is 9) has told me that he is telling her bad stuff about moving and all… If I want to move is to get better in life, get my graduate degree and look for a better future so I can give them a good education once they go to college… now Laredo and CC are only 130 miles away, the only time that I would be taking off will be 6 hours a week that he has them and I am willing to give a day of my weekends for that… and also do video conference with them every day as much as they want to… my lawyer says that the judges are always in favor of the betterment of the parents for the children, but after reading all this I am not sure… can you please give me your opinion?.. thanks!
Hi Maria – the standard judge’s use when determining whether to lift a geographical restriction is the best interest of the kids. That is a relatively subjective determination and it depends a lot not only on the facts of your case but also the particular beliefs of the judge hearing the case. In the counties where I practice (Harris and Fort Bend) judges are generally against the idea of letting the primary parent move the kids away when the other parent is reasonably involved. This is also generally true of juries. There are definitely exceptions to that general rule, but it is usuallly an uphill battle for the parent who wants to move. My best advice is get a very good family law attorney who 1) is experienced in geographical restriction cases, and 2) knows the predispositions of your particular judge. Good luck with your case!
Scott,
There’s a geographical restriction in my decree that states I am to reside in Harris County and counties contigous to Harris County. The only son in question is my 16 year old who will be 17 years old in 3 1/2 weeks. My ex husband and I were divorced in January of 2009 with “joint managing conservators.” As far as possession, the decree states that “… possession of the each child at all times agreeable to between ____ and the child.” I am now recently married and my husband lives in a different state. My son hasn’t seen his father since August of 2009 and my ex hasn’t pursued visitation. He also hasn’t spoken to my son on the phone person-to-person since August and has only left a message on his phone at Christmas. My son has expressed his desire for wanting to move out of the state and has no desire to want to see his father and/or talk to him. We want to join my husband at his state of residence as quickly as possible. I emailed my ex asking if he would agree to our son moving to the state where my husband lives, as well as removing the geographical restriction. My ex’s response was “no.” I’ve consulted with a lawyer, but felt extremely dismayed after the consult since I was told it would probably be at least six months before we could get a court date, temporary orders MAY allow my son to move out of state with me, but the chances are highly unlikely the judge would agree to that since my son would be moved from our current home, to another state and (quite possible) back to Harris County. I was also told that the Judge may listen to the wishes of my son, but not until we the case actually goes to court, as opposed to him hearing my son’s wishes during the temporary orders hearing. Our divorce was originally done in the 245 Judicial District in Harris County. Please advise me if all hope is lost. I’m feeling so hopeless right now and really don’t know where to turn.
Karla, based on the details you provided I think you got pretty accurate advice from the consult you did with your lawyer.
I am filing for divorce and may need to relocate next year. Is there anything I should try to put in my final decree to help me next year with the relocation? Of course I am going to try to put no restrictions on the geo. location part of the final decree, but I am sure my ex will not agree, and not sure if the judge will agree with the no geo. restrictions.
Mary, the term in the Decree you will need is the “right to establish the child’s residence without geographical restriction.” However, this is extremely difficult to get in court, without the other party’s agreement.
I am a non-custodial parent of a 12 year old who decided to live with her father. I have just moved less than 5 miles outside the contingent counties and my ex’s attorney is trying to make me drive to pick up AND return my child to her father’s house each weekend I have her (about 90 miles roundtrip), despite the judge specifically stating she wants “whatever is standard for Texas Possession Order” to be in the Final Decree.
I am having a hard time finding any information about this online, and am representing myself in court, as I can’t afford an attorney at this time. I need clarification on who is responsible for picking up and returning the child, as I was told by an attorney previously that with us living less than 100 miles away from each other, we are each responsible for 50% of the travel.
Any help is greatly appreciated.
I have been divorced since ’05, my son was born that same year. I reconnected and got back with my child hood sweetheart, a female as well. My decree has the geo. Restriction to stay in smith county or any county contigous. My son and I have lived in Tarrant county with my partner since June ’08. We have no family support or friendships here, and having difficulty finding stable work. My family has dis-owned me, but my partners family is very supportive and loving to us but they live in Nevada. I spoke to my ex husband about relocating Oct. ’09 and he was fine with it. We had a house set up and jobs found etc by Feb… when I called him to let him know at that time we were going to start the move he said no. This is so hard on my son and us as a family because we were all ready. My ex does pay his child support but has neglected to report changes in his employment, and refuses to involve himself in how our sons life is at home. He is only involved when it is time to pick our child up for his 36 hour weekend a month. My partner and I have done everything to try and involve him with what’s going on, invite him to father days at school, invite him to our sons sports games, and never shows interest. He doesn’t even take his full summer with his son? My son doesn’t like going to his house, he doesn’t like that all of his cousins and aunts/uncles are in Nevada and California, I know with all of my heart that my child will benefit so much more in life to be close to his family, and have the chance to spend more quality time with dad with longer term visits. What do I do? What can I do? What are the first steps? So far I have changed the venue from smith to tarrant county. I have spoken to an attorney that closed me out quick with telling me no and that if I do it I would have to put my son on a plane once a month??? That’s not in his best interest!! Also, being outside of the restriction for over two years… how does that affect the restriction?
Hi Grace – yours sounds like a complicated case and not one that can easily be answered with a few sentences. My advice is to meet with several very good family law attorneys in Tarrant County until you find someone who you are comfortable with that has a plan for your case.
My daughter and grandson live in Texas. Final divorce decree orders my daughter and grandson to live in Texas, georaphical restriction. My grandson’s father has not seen his son in over a year, no contact at all, not paying health insurance, never saw him for his birthday, spring break, christmas break etc. Can my daughter file a motion to lift the restriction? Will she win? My daugher and grandson have no family support in Texas,
Emma, those all sound like pretty good grounds to have the restriction lifted.
What if I have no distance restrictions in my custody agreement at all? And there is a “vauge” at best parenting plan on “over 100 miles” and i relocate, sending all the proper paperwork via certified mail as the agreement tells me to, is there a chance i woudl have to go back even if he was barely involoved in my daughters life? I sent a propsed parenting plan in good faith in an “intent to move” letter 6 months before the move, as well as offering to pay for a vast majority of the travel expenses should she decided to choose to see my daughter, yet 6 months later, 3 months into my move, he is trying to “sue” me??
Hi Scott,
We are currently going through court at the moment to fight the geographical restriction my ex wants in place. We’ve never been married, and have been separated since my pregnancy. At the initial signing of the visitation order, he agreed to NO geo. Restriction. However, 3 yrs later, I have been accepted into a dental academy and I am wanting to relocate from Tx to Az. He has been unemployed since 2009, I just got word that the Attorney General is about to serve him with orders for modification of chid support… I’m just wondering if I have a good chance of being able to move. He has a history with drugs and alcohol abuse… And even resulted positive for substance abuse when cps tested him. I’ve been the sole provider for my daughter, including keeping a job, trying to finish school (when I can afford tuition) and keeping my apartment up until last oct. Can you please give me some insight? I just don’t see how a restriction can be imposed after so many yrs, esp when he was ok with there not being one, initially.
My divorce decree included a geographical restriction to Harris County and contiguos counties. I deployed over seas and while I was gone my x moved four states away. She did not go through the courts, however, she did send the attorney general her address. What are my visitation rights.
I have 3 girls ages 9 to 5. I have remarried, own a business but everything is in Massachusetts. Here I have gone from temp job to temp job trying to make it work and my husband even moved here for several months trying to work so we could get a place here, all attempts have failed. Now we have our own business in Haverhill and we can have a home of our own vs. here living with friends. My Ex’s parents usually have the kids when there are with him because he lives with them and my oldest (9) states that she gets shot with a BB gun over there. So far I have little proof of what happens there but I do have emails from the 9 yr old to my husband stating she does not like it there and wishes she did not have to go. can I use those in court and is there a template somewhere so I can start writing a motion to change orders???
My husband and I live in Houston, Texas. My husband and his ex (never married) have a son together, she and his son live about 40 mins away from us right now, and they were appointed joint managing conservators. Reading through the paperwork, it was found that she does have the exclusive right to designate residence without regard to geographic location. However, it was never an issue until now. My husband recently found out that she wants to up and move to a city that is an additional 3 hrs away, making the distance between my husband and his son about 3 1/2 hrs. My husband is very close with his 6 yr old son and always has been. Speaks to him on the phone everyday, picks him up everyone of his weekends, summer, and holidays. We go to his sporting games, school plays, etc. This move would be devastating to my husband and the relationship we have with his son. The ex is moving for her boyfriend, not husband or fiancee, because he is going to start working in the other city. Granted she has 2 other children, from 2 other fathers, no family or friends in the other city and will be completely disrupting this child’s life for no other reason than moving because of her boyfriend. My husband’s son is already having some trouble in school and we have been asking her to let him stay with us for a school year to get him back on track, we live in a great school district; but she was not having that. His education would only further be disrupted by a move like this. We are not sure what our options are or where to start. But, is there something that we can do to prevent a move like this from happening with the fact that there is no restriction in place?
Hi Scott:
I am currently making plans to move out of state with my three year old. My ex and I had one court order through the Attorney General, which was standard and stated I was the primary custodial parent with the “right to designate residence without geographic restriction.” About 6 months after that order, I was going to move out of state to live close to my mother due to financial and emotional hardship. At the last minute, I was given a job offer and decided to stay. My ex had already hired a lawyer. Instead of cancelling the hearing to modify, he and his lawyer decided we should go modify anyway due to the fact that they knew I would probably move in the future as that was still my wish. So, we went to court, his lawyer drafted long distance provisions and I continued with the right to designate residence with no restriction. Now, I really want to move for several good reasons, and I feel my son is old enough to handle occasional long distance visits. But my ex is contesting it, despite wanting to put in long distance provisions previously. I just don’t understand the point of modifying a court order, and then wanting to pull a full turn and modify it in the other direction. I have contacted an attorney, but am still not sure how he can keep doing this.