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John Domestic
John Domestic, Lawyer
Category: Family Law
Satisfied Customers: 4631
Experience:  Over 13 years of Experience in Family Law.
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My fiance wants to move from big spring, tx to houston, tx

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My fiance wants to move from big spring, tx to houston, tx with me and is worried about a judge ruling in her favor to be able to bring her 7 and 10 year old daughters. She currently has custody of the kids and agreed not to receive any child support from the exhusband in the divorce, and he still gets to see the kids. The ex is telling her she isn't going anywhere with the kids. What does she need to do?

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If your fiance's custody order does not include any restrictions on what particular geographic area that she may move with the children then she is still required to give her ex 60 days notice of her intent to move the children, and if her ex wants to try to stop her from moving, he will likely file for a temporary restraining order preventing her from moving until a hearing can be held. At the time of the hearing, it will be her burden to show the court some compelling reasons why she needs to move. Some compelling reasons the court may consider would be that her job is moving her and she can't find comparable work locally, or that her family resides elsewhere and she needs their help and support with the children. If the court suspects that she are moving away to interfere with the children's relationship with the other parent, she will lose for sure.

 

Beware that the court may not like the fact that you guys are moving together and you are not married.

 

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Customer: replied 7 years ago.
We are getting married within the next month and will have been married 2 months before moving in with the kids
Great! That is actually a positive now! Stable loving home, Great!