I am the noncustodial parent. My child's father has no family in Texas, I believe he would attempt to move, with my son.
As of now our order states he must reside in Harris county.
If I take a job out of state for a few months with the intend to return back to Harris county (same address), could I risk his dad being able to now move?
A temporary move should not impose a risk of giving the other party reasons to move permanently from the area of geographical restriction. I suggest that you notify the other party that you will be temporary away from home and would not be able to exercise your visitations, but will be returning to Harris County, Texas. Send the notice in some form of writing or text to avoid confusion & make you a record for the court.
If you move then Dad can ask the Judge to let him move.
You need to talk to an attorney about your situation.
What is a "few months"?
Will your employer write that it's only temporary?
Will your ex find out that you are working out-of-state?
Will you still do your visits with the child in Harris County?
It's impossible to answer without more info.
Fran Brochstein has been a licensed Texas attorney over 24 years & has an active mediation practice. She also accepts a limited number of uncontested family law cases in Harris County at a flat-rate price. If you found this answer "helpful" or "best answer", please select the button to show your appreciation. Please understand that Fran's reply to your question 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.
I believe you should consult Harris County family law counsel before you go anywhere. The order may state that the domicile of the child may be unrestricted or domicile restriction lifted if you leave Harris County. You can't get into technical questions about whether you moved or just temporarily left, but the cost and risk of litigation is not worth having to fight that battle for your child, but talk to family law counsel in Harris County who practices in the court of continuing, exclusive jurisdiction as to how that Judge might view the matter.
Thomas J. Baker of Baker & Tisdale PLLC principally practices in the Central Texas area, including Bell, Coryell, McLennan, Milam and Williamson counties. The advice given here is not and ahould not be taken as a substitute for in-personal consultation with counsel, particularly where legal documents, such as court orders need to be reviewed. I am Board-Certified in Family Law but not in any other areas of practice.
Yes you risk that that the custodial parent will move based upon your move. Once the domicile restriction is lifted it is gone. It would have to be a pretty good job to risk it. Discuss the specifics of your situation, job and order with a Family Law Attorney in your area.
Accepting cases in Dallas, Denton, Collin and Tarrant Counties. THIS IS GENERAL ADVICE AND DOES NOT REPLACE A PERSONAL CONSULTATION WITH AN ATTORNEY AND DOES NOT ESTABLISH AN ATTORNEY/CLIENT RELATIONSHIP
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