What to do if the custodial parent wants to move?

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What to do if the custodial parent wants to move?

My ex-husband and I have joint managing conservatership over our 5 year old son. He ended up living with his dad cause he had a good job and I was just working at a convenient store also I lived with someone they did not like, but when asked to move out by the judge I did. Anyway, a little over a year ago I had moved out of state but I ended up moving back. I know in my court papers it says about visitation over a hundred miles, well now my ex-husband is trying to move out of the county but in our court papers it says that my sons residence is to be inthat county; he is telling me since I moved to another state that that order is no longer in affect and that he can move there. Is it true?

Asked on November 29, 2012 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It sounds like your ex- is trying to trick you into problems.  The only thing that can change your court orders is another court order.  If you move to another county in violation of that order, he could potentially take you back to court, enforce the residency restriction, and ask the court to order you to pay his attorney's fees for the motion.  In essence, you could be looking at financial and emotional pain and stress.

If you no longer want the residency part of the order to be in effect, then you would need to file a motion to modify the current custody orders. 

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It sounds like your ex- is trying to trick you into problems.  The only thing that can change your court orders is another court order.  If you move to another county in violation of that order, he could potentially take you back to court, enforce the residency restriction, and ask the court to order you to pay his attorney's fees for the motion.  In essence, you could be looking at financial and emotional pain and stress.

If you no longer want the residency part of the order to be in effect, then you would need to file a motion to modify the current custody orders. 


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