Family Law Questions? Ask a Family Lawyer Online.
Thanks for your question! I am working on your answer. This service is for information only. I cannot give you legal advice. Please stand by!
No, you do not have the right to unilaterally change a court order that has been signed by a Judge. You must go back to court and ask the Judge to modify your decree. The Judge will then consider your reasons for wanting to make the change and consider if it's in the best interest of your child.
You would go back to the court that issued your original order because they retain continuing jurisdiction of your case until they transfer it. If you want it to be transferred to the state that you live in now, you'd need to file a motion to transfer at the same time you filed your motion to modify in the original court. They may choose to transfer or not. Usually jurisdiction follows the child, but if the child is living 50/50 in two places, there could be some argument on the part of your ex-wife for keeping the case in her state.
It would be a factor for the Judge to consider, certainly, but not necessarily an automatic slam dunk factor.
Not necessarily. That's one of the lesser factors that courts look at. Your strongest factor is going to be the distance of your daughter's school from your ex-wife.
If you can prove it, yes. She could potentially be held in contempt for violating the order. However, if she's moved to the state where you live, the Judge may not have as much of a problem with it. The issue might be different if she was routinely taking the child to Texas or something like that. Most of this is going to depend on the Judge you're in front of and how strictly they interpret orders and what they choose to care about.