Arlington, TX asked in Child Custody and Family Law for Texas

Q: Living restrictions through custody agreement

Eight years ago, my ex-husband allowed me to move outside of the living restrictions. I am now getting ready to move again, but it’s in a different county also outside of the living restrictions. Can he come after me or are those living restrictions now voided since he allowed me to verbally move out of them, eight years ago

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1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Divorce Lawyer
  • Frisco, TX
  • Licensed in Texas

A: The geographical area restrictions in a custody agreement are typically incorporated into a custody order. Modifying the custody order requires another order of the court. A verbal agreement between the parents is usually not enforceable but, as long as he doesn't file anything with the court to enforce its order, the court will not undertake any independent investigation or take any action.

The original court order is not voided. If he admits to making such a verbal agreement, it may be useful evidence in the event he files anything with the court seeking to enforce the geographical area restrictions. Depending upon where you are moving, it might be useful evidence in a suit seeking court permission to move again outside of the geographical area established in the court order. A key factor will be if the prospective new home is closer or farther from your ex-husband's current residence.

When you move to a different county and reside there with the child for 90 days, the new county acquires venue to determine any future legal dispute concerning your custody, possession, and support matters.

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