Can I move my children with me to the army base?

Asked over 1 year ago - Lake Jackson, TX

I have joint custody of my two daughters. I am the primary parent, so they live with me and only see their dad on the 1st, 3rd, and 5th weekends of the month..IF he shows up for them (which he usually doesnt)
My fiance is in the army and when we do get married I could live with him on base except that my divorce paperwork with my ex husband says I can't take the children out of the state of Texas.
I know I could file a petition saying it would be better for the children to come with me and live on base, but is it likely that it will be approved?

He usually NEVER shows up for them, and when he does he gives them back early. When he does have them he pawns them off on his family to take care of them while he gets drunk. They come home with horrible diaper rashes, cigarette burns, etc.

Attorney answers (2)

  1. William Tyler Moore Jr


    Contributor Level 19


    Lawyer agrees

    Answered . File a petition to modify the geographic restriction. You likely have a good reason to do so.

    I am not intending this to be legal advice, because I don't know the particulars of your situation. Call me if you... more
  2. Jennifer Pulliam Edmondson

    Contributor Level 4

    Answered . File a petition to modify the court's order in which child custody, visitation and child support were outlined in detail. It sounds like you have good cause to have the order modified. Please keep in mind that it may also depend on the date of the original order. You will likely have to prove that such a substantial chnage has cocured since the date of the last order that it is now necessary to modify it. Good luck.

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