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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31022
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I have primary custody of my children and I have recently

Customer Question

Hi, I have primary custody of my children and I have recently gotten married. My new husband lives outside of my contingent counties. We plan to let the kids adjust slowly and we did not want to uproot them in the middle of the school year. So until summer we are not moving and I plan to live when him on the weekend when the kids go to their father. My question is, may my kids and I spend a few days at my husband's house on their breaks? It is not their primary residence and nor is he a stranger.
Submitted: 11 months ago.
Category: Family Law
Expert:  Roger replied 11 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

Does your custody order address this...or taking your children out of contingent counties?

Customer: replied 11 months ago.
I think it talks more about their primary residence
Customer: replied 11 months ago.
But I don't plan on changing their residence until the summer and that move will be within contingent counties
Expert:  Roger replied 11 months ago.

Ok. Thanks.

If your custody agreement doesn't specifically prohibit this, then you should be able to do this (since you're married), then this would likely be permissible if you do it during your custody period and if it does not interfere with the father's visitation.

Expert:  Roger replied 11 months ago.

However, if there is anything in your custody order that makes you believe this would be improper, you can always ask the court to enter an order giving you permission to do this in order to avoid any issues with the father.

Customer: replied 11 months ago.
It only states I cannot remove them for the intention of changing their primary residence
Customer: replied 11 months ago.
Parties shall not remove the children from within Tarrant county and contiguous counties for the purpose of changing the primary residence until modified....
Expert:  Roger replied 11 months ago.

Ok. In that case, in the short term, you could likely take them for overnight visits at his house IF there are no prohibitions to it.....but you'd likely need to file a motion for permission to change their residence.

Customer: replied 11 months ago.
For even a 2 day visit I'll have to file a motion?
Expert:  Roger replied 11 months ago.

Unless the court order requires you to get permission to go places while the children are in your custody or unless the court order prohibits overnight stays with a person of the opposite sex of the parent, then you shouldn't have to.....

Expert:  Roger replied 11 months ago.

But, if there's anything that prohibits your right to travel with the child, you'd need permission.

Expert:  Roger replied 11 months ago.

But, if you want to change the residence of the children, that will take a motion and a court order.