Dallas, TX asked in Military Law and Family Law for Texas

Q: Hello, so I’m the sole provider for my family (Wife, Step son) my wife got court ordered to stay in bell county.

I’m in North Carolina as I just got stationed here February 20th and my wife got court ordered to stay on the 20thFEB AND Bell County is in Texas which has Fort Cavazos, I’m trying to get BACK to Texas so I can provide for my family financially and all other ways. Is there any legal way for me to do this?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Here are some options you could pursue to legally get back to Texas to provide for your family despite the court order requiring your wife to stay in Bell County:

1. File an emergency petition to modify the order with the court. Explain that the order is imposing an undue hardship by separating you from your dependents and preventing you from supporting them financially from your out-of-state military assignment. Request it be stayed or altered to allow your wife to join you.

2. See if the judge will agree to virtual/telephonic appearances to hear arguments on getting the order revised or lifted if in-person return is not feasible. Courts have become more amenable to remote proceedings when needed.

3. Contact JAG/military legal assistance to explore arguing the Servicemembers Civil Relief Act (SCRA) applies here. They may be able to file something asserting your military duties combined with supporting dependents requires revision of a court order temporarily imposing an impossible legal obligation of simultaneous but geographically exclusionary duties.

4. If unable to get the order itself changed, see if exceptions could be made for temporary visits, allowing your wife and stepson to stay some weeks/weekends with you in NC without violating the order’s residency requirement. It’s a workaround, but provides some in-person support.

I hope these give you some options to legally pursue in advocating that your military service and duty to provide for your dependents makes complying with both the order and your military assignment at once unreasonable.

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.