I have a court order out of Dallas County ((TX)) to have a home study done of my home in Virginia Beach. My husband is stationed at at a base in Virginia Beach, VA; our case is out of Dallas, TX. He is due to be released from active duty service in June 2014, but the TX judge will not let me move my child that I'm in custody battle with his father, and have been ruled in favor for, to move back to VA until that time.
Divorce / Separation Lawyer
Your statement of facts is somewhat confusing. I understand you to say that your court case is in Dallas and your husband and home are in Virginia. It appears that during the pendency of the case you are not allowed to move the children to Virginia. The court has ordered a social study of the parties, including your Virginia home. If this is correct, then it is a fairly normal chain of events in this circumstance. I am guessing that your ex is objecting to moving the children to Virginia and a custody fight has resulted. This is somewhat standard, and you need to discuss it with your attorney - if you don't have one, then you are at a severe disadvantage in this litigation.
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1 lawyer agrees
Family Law Attorney
It depends greatly on the order and how it is written as well as the current circumstances. I’m guessing that your husband is not the father. You need to realize that the Judge in your case does not know you personally and the correct protocol for cases with disputes regarding children is a Social Study. It gives you the chance to voice your opinions and concerns as well as the father of the child.
Now you are free to move, BUT, if your order has a residency restriction, the child must stay in Texas until a modification that lifts the residency restriction has been granted by the court. That will only come about with an agreement by the parties or a court case being conducted and that involves a Social Study so the Judge can make a decision that is in the best interest of the child. You need an attorney to walk through this with you. You can be in risk of losing custody.