If during the divorce waiting time, my wife moved out of state with our children, is there anything I can do to change the custody?

My wife and I were married for 9 years. She has our 2 girls most of the time; I have them every other weekend.

Asked on September 24, 2012 under Family Law, Texas


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

Answered 8 years ago | Contributor

You can seek a modification of the final orders which place a geographic restriction on where Mom lives.  The success of this motion will depend on what is in the best interest of your children and the attitude of your judge.  Some judges do not have a problem with granting movement restrictions, whereas others are more reluctant to truncate employment opportunities for one spouse.  If the judge does not grant the motion, then consider other provisions to make sure that you continue to have access to your children, including:  asking her to absorb transportation costs, pre-arranged phone calls or video conferencing with your children on regular basis, and extended visits on holidays and during the summer.

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