Out of state move

[Astrolink]

What is the name of your state (only U.S. law)? TX

I'm posting this one for a friend. She lives in northern TX. She is the primary parent, and her decree states the children must stay within 200 miles of where she lives now. Decree does not say it must be within the state of TX. She has the opportunity for a better job in OK, and it's 93 miles from where she lives now, but of course it's across state lines. Does her decree allow her to move the children, or is the provision of moving in her decree not within the scope of TX law, and would have to be revisited in court?

 

[Silverplum]

What is the name of your state (only U.S. law)? TX

I'm posting this one for a friend. She lives in northern TX. She is the primary parent, and her decree states the children must stay within 200 miles of where she lives now. Decree does not say it must be within the state of TX. She has the opportunity for a better job in OK, and it's 93 miles from where she lives now, but of course it's across state lines. Does her decree allow her to move the children, or is the provision of moving in her decree not within the scope of TX law, and would have to be revisited in court?

I'm not positive, but seriously think that she can't leave TX without reworking her court order.

She should consult with some local attorneys, see how the climate is with the local judges.

 

[mistoffolees]

What is the name of your state (only U.S. law)? TX

I'm posting this one for a friend. She lives in northern TX. She is the primary parent, and her decree states the children must stay within 200 miles of where she lives now. Decree does not say it must be within the state of TX. She has the opportunity for a better job in OK, and it's 93 miles from where she lives now, but of course it's across state lines. Does her decree allow her to move the children, or is the provision of moving in her decree not within the scope of TX law, and would have to be revisited in court?

We need to know exactly what the decree says wrt relocation. It may actually be mentioned in a couple of places. In addition to the custody part of the decree, there may be default orders, as well.

Have her post the exact wording here.

Meanwhile, the laws are here:
http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.153.htm

Note section 153.132. If she is the sole managing conservator, she has the right to choose the location of residence unless the court order says otherwise. I can't find anything in the statutes that requires that they stay in the state, but I may have missed it.

 

[Tex78704]

In this case the plain letter of the decree rules, and there are no additional legal requirements outside of what the decree specifies. She should read it thoroughly. If it simply states the children are restricted to a 200 mile radius (which is rather liberal), and does not specify that this radius must be within Texas, or have any other qualifiers, then she should be fine with moving 93 miles away to Oklahoma.

She may need to make adjustments for visitation, if the decree has a provision (ie; Standard Possession Order) if the father lives more than 100 miles away. Although mom is moving 93 miles away, it could still cause dad to be over 100 miles away.

 

[sometwo]

I also want to add she needs to check the order to see if it states where the children must go to school or anything like that.

Or does dad have joint and do they have to agree where the child attends school.

Also how many days to notify dad and if she has to and to what extent of the move etc etc.

It may not be just as simple as moving.

She may have primary physical custody but also have joint legal custody with other parent. She needs to read her order carefully and find out that stuff also.

 

[LdiJ]

I also want to add she needs to check the order to see if it states where the children must go to school or anything like that.

Or does dad have joint and do they have to agree where the child attends school.

Also how many days to notify dad and if she has to and to what extent of the move etc etc.

It may not be just as simple as moving.

She may have primary physical custody but also have joint legal custody with other parent. She needs to read her order carefully and find out that stuff also.

If the order states that she can move within a 200 mile radius, then where the children attend school is not going to be restricted.

 

[Ohiogal]

If the order states that she can move within a 200 mile radius, then where the children attend school is not going to be restricted.

You would ASSUME that but trust me, I have seen some REALLY weird orders.

 

[LdiJ]

You would ASSUME that but trust me, I have seen some REALLY weird orders.

Well yeah, there is that...LOL.

 

[Silverplum]

My question is whether she has the right to move the children out of TEXAS'S jurisdiction altogether, when she is under a TX order, without modifying the order through the court?

 

[mistoffolees]

My question is whether she has the right to move the children out of TEXAS'S jurisdiction altogether, when she is under a TX order, without modifying the order through the court?

Unless the court order says otherwise, yes.

If there's nothing in the court order barring a move out of state (and it doesn't sound like there is), then the standard rules apply. She can move without a court order, then her ex could file for the child's move to be stopped.

Since the court order says that she can move up to 200 miles, ex is less likely to prevail than in other situations.

 

[sometwo]

Since the court order says that she can move up to 100 miles, ex is less likely to prevail than in other situations.

It hasn't been said what the court order says about school and stuff like that.

I also wonder does dad live in the children' school system currently.

 

[mistoffolees]

It hasn't been said what the court order says about school and stuff like that.

I also wonder does dad live in the children' school system currently.

Since the order allows her to move up to 200 miles, I doubt if it restricts the choice of school.

But you're right. If the order does say the child has to stay in a certain school district, then it would preclude moving.