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Can I stop my ex from moving out of state with my kid?

Dallas, TX |

What can I do to prevent my ex from moving out of state with my kid? We have the standard visitation order in place, however my child is young and the only reason she is threatening to move is because she can't afford to live here and pay her bills. I pay child support and she works from home, not sure of her income. I am against her moving away it will cause issues trying to get my kid back out here for my visitation and bottom line is I need to be in my kids life!!

What do I need to file in court to stop this move? Or at least try if I have any ground to do so.

Attorney Answers 4

  1. You can file a modification of the custody order in which you can ask the Court to order your ex to stay where she is until the Court can make a determination about what is in your child's best interests. There's many factors that the Court will take into account to include the age of the child, the closeness of your relationship with the child, how close in proximity you live to the child (and your ex), employment opportunities for your ex here and in the other state, how many family members live here, and how expensive it would be in travel costs. Good luck!

    This is general legal advice. An attorney-client relationship has not been formed. Please contact an attorney for specific advice on your case.

  2. You should file a motion to modify, which in Dallas includes the dallas county standing orders at point of filing. Serve her immediately so that she is aware of the pleading... the Dallas County Standing Orders include a provision that keeps a parent from moving the children out of state. Then you will need to have a hearing in front of the court to have the language added to the order which keep the child in this area.

    Your order may already have the language... you should check and see what the geographical restriction is, if any is in the paperwork.

    A lawyer can really help make your case, and you should certainly consider hiring one, especially if her moving means that you will not be likely to see your child at all except for summers...

    This answer is intended for informational and educational purposes only and should not be considered legal advice nor forming the attorney client relationship. This attorney is licensed in Texas.

  3. Ms. Cochran and Mr. Harding are right. You should act immediately. As the old saying ounce of prevention is worth a pound of cure.

    Good luck,
    Eric Gruetzner

  4. First, check your decree to determine if it includes a "domicile restriction" limiting her ability to move unless with 1) your agreement, or 2) a new court order. If this language is in your decree, communicate with her immediately that she is not allowed to move without the court's permission. Then, do your homework and have an attorney "in place" to file papers immediately once you confirm that she is moving. If your letter does not slow her down, you should consider moving quickly to file the appropriate papers with the court to have a temporary hearing on her efforts to move without permission. Good luck.

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