If I’m getting married and my future husband will receive a job in another state, can I move with my child?

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If I’m getting married and my future husband will receive a job in another state, can I move with my child?

I currently reside in the state where my divorce took place. I am ordered to stay within certain counties. What are my options? Also, the order states their father receives visitation on the 1st, 3rd and 5th Friday of each month. So if the first weekednd is the 7th, would he get this this weekend?

Asked on December 3, 2012 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Two things will govern here: first your agreement and two, your state law.  Generally speaking, if the father of the children will not consent to the move then you may have to make an application to the court to allow you to move.  Since your agreement is already limiting you you are most likely going to have to ask the court.  I would speak with an attorney as soon as you can.  Good luck.

 

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

Answered 8 years ago | Contributor

If your final decree has a restriction that you can only reside in certain counties, then you would need to return to court and ask the court to lift this restriction on the basis that your husband is being required to relocated for employment-- which thereby contributes to the support of the children.  Moving without modifying this provision could subject you to an enforcement action by your ex- if he chooses to enforce this restriction.

As to the second part of your question--- if your orders list visitation by Fridays-- then December 7 would be the first Friday of that month for your ex- to excercise visitation on. 


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