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FamilyAnswer, Lawyer
Category: Family Law
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Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Can my ex -wife move my kids out of the agreed upon area set

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Can my ex -wife move my kids out of the agreed upon area set in the divorce decree without my permission? Can I request that they move in with me if she does? What are my options?

She is re-marrying to a guy in the army that she has only met 4 time and my kids have only met twice which is a bit of concern for me. I'm re-marrying as well and live in the area where both of our families live, (Texas).
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand your situation and concern. If you wife has and/or is failing to comply with the divorce decree, she could be held in contempt of court. You could have a legal basis to take her back to court and have her explain to the Judge why she finds the need to fail and comply with the courts order. There is an area set in the decree for a specific reason and if she moves without you agreeing, she would be in violation. As such, you could not only take her back to court and ask that she be held in contempt but ask the Judge to modify the decree and award you custody of the children, if she wants to move outside of the area, with her receiving visitation. The Judges decision will be based upon the best interest of the children, so you would need to present evidence to show this. The same situation can be addressed with the man that she is marrying and if it would be better suited for the children to live with you, rather then her and him. If you do want to proceed, the clerk of court should have the necessary forms for you to fill out and file, to start the process. Prior to doing so, you may want to let her know she is in violation and the action you will take if she does not correct the problem. This may allow you to avoid having to go through the court process.

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Customer: replied 4 years ago.

Thank you so much for your help. You have address all of my issues at this time and is great appreciated.