Gainesville, TX asked in Family Law for Texas

Q: So my divorce was finalized in December and I'm thinking about moving. What are the procedures I have to follow?

In my divorce papers it says I have to stay in my current county or surrounding counties and the place I'm thinking about moving isn't any of them? Just wanting to know all the rules and procedures and if that's even allowed?

Related Topics:
1 Lawyer Answer
Ms. Regan Armstrong
Ms. Regan Armstrong
  • Cypress, TX
  • Licensed in Texas

A: Without looking at your divorce decree, usually divorce decrees say that the child or children cannot leave the residence restriction. That means that you can leave but the child or children would need to stay in the designated area. If you want to take the child or children with you, you would need to file a Motion to Modify to open a new case. You should talk to an attorney about your specific circumstances to see if this is a case you want to take to court. Generally, I would say that is a very difficult thing to do. Your facts to present to the judge would usually have to be very compelling.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.