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Custodial Parent Moving

Houston, TX |

The mother of my son has notified me she's moving (via text message) about a week before she was actually moving. She's moving to a completely different city about 4 hours away which will make it extremely difficult to ever see my son regularly. Is there anything I can do to fight this? Do I not have any rights as a non-custodia parent? She recently took me back to court for a big increase in support also. Feel like she's taking my money and running. We have a court date tomorrow to review my income and I'm hoping to resolve this issue while there also. She just moved last week. He could have lived with me and stayed in the same school. He's 11 years old.

Attorney Answers 3


Does your current legal document have a residency restriction?

You need to be in an attorney's office immediately & try to keep the child here or lower your child support since transportation is going to be much higher since she is moving!

If you don't have an attorney, you need one -- don't review income tomorrow! The move impacts your child support!

Fran Brochstein has over 20 years legal experience & enjoys educating the public about Texas laws. She is a full-time family law mediator in the Houston area. If you found this answer "helpful" or "best answer", please select the button to show your appreciation. Please understand that this is not a personal consultation and in no way creates an attorney-client relationship. You are strongly encouraged to consult with an attorney in your county in person about your specific legal problem. You can contact her at 713-805-9591 - 7 days a week - her personal cell phone.

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Your rights are laid out in your existing Court Order. Does it restrict her from moving? If not, you can file a Petition to Modify to try to stop the move, but you will have to act quickly and you are probably too late.

This information is not legal advice and does not form an attorney-client relationship.

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You need to either file an enforcement, or modification right now. the longer she is gone, the harder it will be to bring her back. Look in the order for a restriction of her right to determine residence and see if it there, if so, then you can enforce. If not then look for a modification to offset the move by making her bring the child to you.

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