Q: Can a CP move out of state if order says "determine the childs primary residence without regard to geographic Iocation"
I live in San Antonio for 2 years now, my ex lived in Midland, moved to colorado in mid-January, has not let me see my son in 4 1/2 years because my job requires me to travel. Divorce not filed, she has child another child with another man, I want to know if I have to get divorced in Midland because of OAG order for my son or can I transfer case to San Antonio? Can she move to another state without permission of state or me? What do I do right now regarding this?
A:
It is unclear whether you already have an order in place based upon the way you worded the question and the description below the question.
So, I will give you some general information. A divorce can be filed in Tesas if at least one of the spouses has lived in Texas for 6 months prior to filing the divorce and in the county that the divorce is being filed in for at least 90 days prior to the filing of the divorce.
In the final decree of divorce a clause can be put in that limits the children's residence to a particular geographic area usually the county the divorce was filed in and counties contiguous to that county.
If there is no court order in place a person can move wherever they want to.
So, if there is no court order in place in your situation, you should get a court order in place immediately.
If there is a court order already in place and the court order has no geographic restriction then the person given the title primary conservator with exclusive right to determine children's residence can move wherever they want if it is not against the court order.
Please note that this is general information for educational purposes only. You should hire an attorney for your specific situation immediately.
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