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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102348
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I live in houston now I moved to Bryan. On the Divorce decree

Customer Question

I live in houston now I moved to Bryan. On the Divorce decree we were meant to pick up and drop off the kids on Bissonet and highway 6 but we haven't been going by the decree concerning dropping off the kids at that location . Now I told my ex husband that I would drop off the kids by his house at a mall which is 5 minutes away from his house all of a sudden,he wants to start going by the decree now and I don't live in houston anymore. What do I do? Do I file an appeal that I changed my address because I don't want to be driving to Houston all the time
Submitted: 2 years ago.
Category: Family Law
Expert:  Ely replied 2 years ago.
Hello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am sorry to hear about this situation. Can you please tell me whether the other party still lives in Houston?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 2 years ago.
I live in Bryan now, and he lives in North west houston, that is where I want to drop off the kids. Willowbrook mall 5 minutes away from his house. While he drop them back to me at post oaks mall bryan college station
Customer: replied 2 years ago.
He has not being going by the decree now he wants to start ,making still drop off and pick up the kids at Bissonet and highway 6
Customer: replied 2 years ago.
The Bissonet and highway 6 is because I used to live their now I don't live there anymore
Expert:  Ely replied 2 years ago.
Thank you.
1) Regardless of what both parties agree to, either party can always renege in favor of falling back on to what the decree states. So regardless of what is agreed privately, this is not binding.
2) The decree determines what is to happen when both parties were living in Houston. The decree simply does not provide what is to happen if one party moved to Bryant, and there is no fall back statutory law.
3) What someone in your situation has to do - to alleviate this matter - is to go back to Court and ASK the Judge to modify the decree to update it to the current situation, and to make the exchange rules more fair.
Please note: If I tell you simply what you wish to hear, this would be unfair to you. I want to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Customer: replied 2 years ago.
Should I go to a different judge or court?
Expert:  Ely replied 2 years ago.
No. If the other party still lives in Houston, this would still be before the same Court (the Judge may be different, but Judges come and go - the Court stays the same).
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.