P/c modification in domestic violence case

Asked 9 months ago - Conroe, TX

I have a modification p/c relationship case. I am a surviving victim of domestic violence and in my divorce he was only awarded 4wks for visitation 2wks being consecutive, has to provide a 45 day written notice. He has not fallow the visitation order in over 2yr and only now that he found out I will be marring a us solder he want to modify to force me to stay in Tx. He lives over 300 miles away from us.

Attorney answers (3)

  1. JaPaula C Kemp

    Pro

    Contributor Level 16

    4

    Lawyers agree

    Answered . I understand your facts but you did not ask a question. If the current order states that you are restricted to a particular county or state, then you must ask for relief from the court to move. If there are no restrictions, then you are free to move.

    If there are no provisions restricting you to a county or state and he files a modification, then you need to hire an attorney to assist with defending this modification.

    The information provided is not advice but a legal perspective and you should schedule a consultation with the... more
  2. Leslie Starr Barrows

    Pro

    Contributor Level 14

    3

    Lawyers agree

    Answered . You will need to go back to court to modify the last order if your final decree states that you must remain in the State of Texas and you are wanting to relocate.

  3. Estela Matta

    Pro

    Contributor Level 16

    Answered . Relocation of the child(ren) after an award of custody usually require consent of the court. If there is a visitation order, there was a custody award to you as custodial parent. Regardless of the fact that he has not taken advantage of is visitation rights, you cannot unilaterally remove the child.
    Get yourself a lawyer to help you petition the court for a right to relocate; then let your ex try to convince the court that he suddenly has dire need to visit with the child(ren).

    This answer is provided for informational purposes only and it is not intended as legal advice. Additionally, this... more

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