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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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I got divorced in texas but my ex moved to another state. Is

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I got divorced in texas but my ex moved to another state. Is she still required to abide by the divorce decree. example: letting me know when and where she moves she moves because she has my son. answering the phone as stipulated on the decree so I can talk to my son on a consistant basis. I am in the military stationed in Germany. she is not abiding by the divorce decree at all. what can I do about this?
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 afternoon. Would you mind sharing with me if there is any visitation ordered in the decree or was she granted permission by the Judge to relocate out of State with the child?
Customer: replied 4 years ago.

she was living with me in Germany and then moved to Virginia while we were separated. I applied for divorce as soon as she got on the plane since she was still a legal resident of texas. the decree is standard texas visitation. every other weekend every fathers day every summer and every other major holiday. ie:every other Christmas. there was no talk of needing permission to move. but she is supposed to tell me where my son lives and where he goes to school according to the decree.

Moises, thank you for the additional information. The divorce decree would remain in effect. Just because she moved out of State, does not allow her to fail to comply with the orders of the court. If she is failing to comply, you could take her back to court and look to have the Judge hold her in contempt. The Judge is going to want to know why she feels that she does not have to comply with what was stated in the court order. Moreover, if you do have visitation and rights to the child, it seems odd that she could just move out of State, without your permission. That could also be a problem and something she has to answer to and deal with. When you return, how will you even be able to exercise your visitation every other weekends, if she lives in another State? What she has done is take away your legal rights, as ordered by the court, which is certainly a problem. At this point, you would want to consider taking her back to court and looking to hold her in contempt. You can go so far as advise her of your intent, unless she starts complying with the order and allows you to speak to your son on a consistent basis.

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