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How to change the order of moving out of state?

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res03tj1

Guest
The problem is when I got a divorce in 1994. I agreed to stay in Denton County, Texas or contiguous counties of Denton County. Now I am wanting to move out of Texas. I want to know how to go about getting this changed. Without going to court and the high cost of attorneys. Can you help me in anyway? I am not sure my X-husband will agree. In fact I know he will let me move. I am getting to the point of just forgetting the papers and just move anyway. But I am not sure where I would stand if I did that. Could you help me or tell me who I could talk to about this matter.

Sincerely,
Tina
 


A

Advisor3

Guest
At the very least you should have a letter signed by your ex saying that he will knowingly waive the limitations on your movement. (It would be good if you included that he knows he could see an attorney, but chooses not to.) It would be best if it was in his handwriting and signed by him.
Failing that, I would suggest that you petition the court, (which you can find out about at your county law library)to remove the limitation. You should include the reasons why its necessary and if the ex is in accord mention that as well...

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This is intended as general information only and NOT LEGAL ADVICE. You are not my client, and I have no obligation of any kind to you. To retain a lawyer, go to http://AttorneyPages.com By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "Advisor 3" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "Advisor3," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "Advisor3."
 
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Kristian

Guest
We just went through this, but in California. My husband's divorce was final last year and he had SOLE PHYSICAL custody. That is the key. Under the precedence of a case title Bialis, our attorney argued that we didn't need a reason to move (back to Texas)and that the child would in no way be prejudiced. The courts agreed and we are now allowed to leave with the child. Have your attorney chek out this case. It just came down from the supreme court in July.
 

LegalBeagle

Senior Member
Good advice from Advisor3 ... I just want to add that under no circumstance should you just up and leave. That would give your ex grounds to file for a change of custody, or at the very least, an order to show cause.



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Psst.. I am not an attorney, and even if I was, I would not tell you. Which technically could mean I am an attorney, but I would not tell you either way. What I am giving you is not legal advice in anyway. For proper legal advice, retain a person who openly admits they are an attorney.
 

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