Fort Worth, TX asked in Child Custody and Family Law for Texas

Q: I have custody papers that has him with that says he has supervised visitation that I can choose when and who due to his

Drug use. He is in prison. My papers say I have to live in Denton county Texas or surrounding area but if I move to another state wile he is in prison is this a kidnapping situation or a civil matter where he would have to get a lawyer and take me to court

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Melissa O'Neal
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  • Divorce Lawyer
  • Angleton, TX
  • Licensed in Texas

A: If your current order states you must live in the county you are located in or contiguous counties and you move out of state you are in violation of the courts order. He would have to file an enforcement of the order but a court could make you return in order to keep custody of your child. It would be better if you were pro-active and filed a modification to change the order and considering the circumstances the court would probably grant that modification. Depending on the judge if you violate the order the consequences could be minimal or severe.

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