Temporary custody orders signed in 2015 in Texas. Custodial parents resumed relationship 2 months after orders. Orders were never modified. Female parent is now pregnant with 2nd child (same father). Father and mother are not getting along and Father wants to move to Kentucky and take first child with him. Does he need to go through the courts to modify order before he moves out of state with the child? Mother doesn't agree or want to go to Kentucky and wants first child to stay with her.
Until the Temporary Orders are discharged by operation of law or by court order, the parties have to comply with the restrictions in the Temporary Orders. If he takes the child without court permission, she has the power to file for a capri to get the child returned and/or a Motion for Enforcement to force compliance with the Court's orders. The jurisdiction for this case is still in Texas.
Read the order. Is there a geographical restriction on the child's residence?
Or was the case dismissed, in which case the temporary order may no longer be valid.
Sit with a lawyer to make sure you understand the answers to those questions 100%, and the consequences of the answers.
This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.
It depends on what the orders say. If there is a county restriction then the orders would need modified. But courts do not like to let people leave the county. It is a custody battle so Mom would have to fight for the child.
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