Q: what steps do i need to take to be able to move out of state with my children if there is an custody order in place?
The orders are to live in Denton county or surrounding counties however, my whole family has moved to Tennessee and the non custodial parent lives out past Mesquite. He isnt present in their lives, hasn't been in over a year, but when I wanted to relocate before he said that he didn't want us to. So I've been stuck here with no support system including him. What do I need to do to be able to move closer to my family?
A: Does he live in a county the child is allowed to live in? The exact wording of the order needs to be reviewed to see if the geographical restriction was lifted automatically.
You can ask a court to modify an order lifting a geographical restriction based on a material and substantial change in circumstances, but any change to the order would have to be in the child’s best interest. In general, lifting geographical restrictions is an uphill battle.
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