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FLACORPLAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 4634
Experience:  23 Years as attorney, licensed NY and FL. Former US ATTY.
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Currently I live in North Richland Hills, Texas (Tarrant County)

Customer Question

Currently I live in North Richland Hills, Texas (Tarrant County) and have been divorced for 6 years. According to my divorce decree I am parent joint managing conservator with the standard possession order for my ex. I am recently engaged and wanting to move to San Antonio, Texas 4 hours away in Bexar County. My children are now 9 & 10 and want to move too. I have reviewed my divorce decree and find nothing regarding geographical restriction it just states the standard possession order with 100 miles or less.
He says that he doesn’t want them moved away but he owes me over $15,000 in back child support and has 2 contempt of court orders on him for back child support. He is currently on probation/supervision with the State Attorney General office.
What notification do I need to give my ex-husband regarding relocating the children since we aren't moving out-of-state?
With all these things against him is it possible for him to be able to stop us from moving?
Submitted: 7 years ago.
Category: Family Law
Expert:  FLACORPLAWYER replied 7 years ago.
First off you have to recognize that the issue about moving away has nothing to do with whether he is behind in his payments are not. The court will not consider how he is paying in trying to determine if you should be allowed to go. Your current order state that you are not to move the children more than 100 miles. That clause controls the situation. Without a court-ordered modification of the order, you cannot move the children more than 100 miles.

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