Q: Can I leave the state if I am in financial difficulties?
The custody order binds me and my kids to live in Collin county and the surrounding areas..... But the mother of my kids has abandoned my kids she hasn't been around and over 2 years.
A:
If Mother hasn't been active in your children's lives for over two years, you should have good grounds to request that the geographic restriction be removed from your court order.
The part of your court order that requires you to remain in "Collin County or contiguous counties" is called a "geographic restriction". This geographic restriction can be removed if:
1) the parties agree and file the agreement with the court, or
2) the parties lived in the same county when the court order was entered, and the non-primary parent has since moved out of the county (this item ONLY applies if this language is in your court order); or
3) you file a Petition to Modify the Parent-Child Relationship with the Court asking the Judge to remove the geographic restriction based on a "material and substantial change in the circumstances of a party".
In your case, provided that you don't have Item #2 already in your court order, you should be successful with Item #3. If you can show the Judge that Mother has not been a part of the children's lives for over 2 years and that requiring you to remain in Collin County and contiguous counties is causing you financial difficulties (i.e. you can get a better job elsewhere that will put you in a better financial position, you have better support from family/friends elsewhere, etc.), the Court can decide to remove the geographic restriction. The simple fact that Mother has not been active in her children's lives alone may not be sufficient; therefore, you should be prepared to show the Judge why you should be allowed to move the primary residence of your children with the removal of the geographic restriction.
Also know that you will be required to serve Mother with a copy of the Petition to Modify the Parent-Child Relationship that you file with the Court, because she has a right to be at any hearing to present her side of the situation.
I hope this information helps. Good luck to you.
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