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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 112650
Experience:  Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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PLEASE NOTE: message told me to try again on Wi-Fi: ALSO, I

Customer Question

PLEASE NOTE: message told me to try again on Wi-Fi: ALSO, I asked this question which was responded too by another attorney. I would like this follow up to be with "Law Educator esq.)ThanksGood morning,I have received information that my ex is moving to Utah to be with her husband who left and bought a home there nearly 11 months ago.She has tried to stay in Texas, however he will not return to their Texas home, but rather stays in his Utah home.She has attempted to lift the geographical restriction which the judge denied. She faked the runaway of my daughter who is 17, committed a criminal felony interference with child custody, a writ of habeas corpus was issued, the daughter did not appear, and the judge took no action with the mother because she was 17 and dismissed the writ.As I said, I have received information now that she is moving to Utah, her home is up for sale, and she quit her job. We have also gathered this information from children, church associates etc.With her leaving to Utah, and the kids being restricted to 100 miles or five contiguous counties of Dallas Texas, what should we be expecting? A modification of the decree?
Submitted: 7 months ago.
Category: Personal Injury Law
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Sorry for the delay, I have been outside of the US and have had poor internet service.
You need to get your attorney to file an emergency motion to prevent the move and to ask the court to order her to remain in the state, again with the child, which you should be appealing at this point. The only way she can legally move, which she does not seem to care about, is with the court modifying the order and granting her permission and if she does not get that modification and approval, she is in contempt of court yet again.
Customer: replied 6 months ago.
I am ok with the ex moving as it has been confirmed by multiple people and the children that she is leaving the younger kids with me in tx.I am OK not pursuing further possession of my 17 1/2-year-old daughter as any log matter will take longer than it will for her to turn 18.As we move forward could I get your feedback on 3 things?Ex has quit her job, her home is up for sale, our pastor, after meeting with ex for 40 minutes, believes that she is moving to UtahI am not certain what strategy ex will take at this point, or what her options are, but I would like to get your feedback at this point...QUESTION, Also, I am not certain what to expect next, modification of the decree? File a motion for child custody? If they pay child support when Reveau leaves the kids, what is the normal process if a mother decides to move out-of-state leaving the children behind with the husband due to the geographical restriction?Ex got away with criminal interference with child custody and contempt and perjury etc.,I don't think it is wise to move forward with the motion to enforce for 17 yo daughter at this time. As I understand it, my Atty drafted the motion for enforcement that all children come to visitation until the age of 18. Obviously the mistake this time was to wait for legal action until child had turned 17. I am certain we will see this before the kids turn 15 or 16. I have asked my Atty to hold onto the time-consuming motion of enforcement/contempt that he wrote that we were moving forward with before they took daughter. I believe it will inevitably that the motion will still be needed in the future as ex continues to pressure the kids to move to Utah, and not follow the final decree of divorce at every opportunity. Thoughts
Customer: replied 6 months ago.
Expert:  Law Educator, Esq. replied 6 months ago.

Thank you for your reply.

She has to file a motion in court to get permission to leave and to change custody over to you for the younger children. If she does not, then you need to file such a motion to get the court to modify the custody order granting you custody of the younger children.

You can file your motion to change custody for the younger children and state you will allow her to retain custody of the older child out of state. That is permissible. Before any motions are filed, you need to communicate with her and tell her it would be cheaper on both of you if you just agreed to file a joint stipulation to modify custody where it states she will keep the 17 year old in Colorado and you will retain primary physical custody of the other children in Texas and she agrees to not move them out of state. If she refuses to agree, then you need to file the motion to modify custody.

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