Schertz, TX asked in Family Law and Child Custody for Texas

Q: How hard is it to have geographic restrictions lifted in Texas?

I have one child from a marriage, and have since had two children from a relationship after the marriage. I’m originally from Indiana and my family still lives there. My ex-husband and his parents live near us. My ex-husband sees our son four days a month, while I have our son the other 26-27 days a month. I would like to move home with all of my children so we have a bigger support system; however, my ex-husband will not agree. I don’t want to go to court if I’m not likely to have the restriction lifted on my eldest son. (My two youngest childrens’ father does not object to us leaving the state.)

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1 Lawyer Answer

A: Unless you are willing to try the case to a jury, which in Texas you can do, it will depend on which court your case is in and how the Judge feels about the issue. Some judges will almost never let you move, others will almost always let you move. Some judges will evaluate on a case by case basis and decide according to the facts of a specific case, which is what they are supposed to do.

If you case is in the DFW area, I will likely be able to tell you about your judge if you want to call and discuss.

-Jon R Boyd

817-338-4500

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