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MIAMILAW1127, Family Law Attorney
Category: Family Law
Satisfied Customers: 755
Experience:  Founding Partner at Moises Law, P.A.
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My sister just lost her job in Texas. Senior level Mgr. in

Customer Question

My sister just lost her job in Texas. Senior level Mgr. in the Oil and Gas industry in TX. She has full custody of her son, but her divorce decree states she can't move out of the three counties she borders in Houston, TX. He pays her a premium in child support- and they didn't use an attorney for the divorce. Her X husband works AND lives in Seattle, WA but has a permanent address in Houston, TX. He rents an apartment so he can see his son one weekend a month in part time custody. My sister interviewed for a job a year ago near me (family)in NC and now it re-opened. She now thinks its best for her to be near her family since she has no one in Houston including her X husband, and wants to know how difficult it will be to move, if she could prove her son would be better cared for near family as well as her industry ( gas and oil business) is dying in TX and she can't find work- is this going to be a huge hurdle or worth the fight for her well being and her sons? I am a stay-at-home mom ( her sister) and I can't help her being so far away. I want to help advise her as to her choices. Note: They are divorced because he cheated on her- and now he lives with the women in Seattle but keeps his Houston apt. just for custody. What happens if he says no? Will her child support get decreased? She would probably make less- but would that make a difference?
Submitted: 1 year ago.
Category: Family Law
Expert:  MIAMILAW1127 replied 1 year ago.

Hello Melissa.

My name is***** and I am going to be helping you with your inquiry.

Expert:  MIAMILAW1127 replied 1 year ago.

The easiest way for your sister to accomplish her goal of moving back to NC would be with the ex-husband's approval in writing and notarized as an amendment to any marital settlement agreement that they currently have.

Should that not be an option, then she would need to go to court, get in front of a judge, and see if her request is granted. it should not be much of an issue considering that the ex-husband has already moved out of Texas to Seattle. Just the same as he travels to Texas, he can travel to NC. I don't see a judge disagreeing with her moving away, especially if it will not substantially change the circumstances for the father and would better the mother's situation who has primary custody.

Whether her ex cheated or not is irrelevant in this situation and wouldn't really come into play.

When it comes to children, it is definitely worth the fight.

Expert:  MIAMILAW1127 replied 1 year ago.

Also, if she is making less money, she can apply for a recalculation of child support payments.