Rockport, TX asked in Family Law for Texas

Q: How do I go about moving out of state with my child due to husband's work and haveing joint custody?

I have primary custody and my papers say I am allowed to determine primary residence without reguard to geographical location. Im not sure how I am supposed to go about it or if he is able to stop me in any way.

Related Topics:
1 Lawyer Answer
Rafee'a S. Majeed
Rafee'a S. Majeed
  • Dallas, TX
  • Licensed in Texas

A: If your court orders state that you have the "exclusive right to designate the primary residence without regard to geographical location", you are allowed to move your child's primary residence (within or outside of the State) without further permission from the court.

You should read your court orders carefully because most court orders typically state that you are required to notify the other parent of your new address at 90 days prior to a move, if the address is known. If the address is not known, you are required to notify the other parent no later than 5 days after the move.

If you notify the other parent prior to the move, he can file documents with the court asking the court to prevent you from changing your child's primary residence.

I hope this information helps. Good luck to you!

1 user found this answer helpful

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.