Thursday, 19 February 2015

My ex-wife, according to our divorce decree, is required to maintain a residence for our 9 year old daughter in Bell County, Texas. If she m...

Question

My ex-wife, according to our divorce decree, is required to maintain a residence for our 9 year old daughter in Bell County, Texas. If she moves out of Bell County what are my options?



Answer

You can file a motion to enforce the divorce decree. You might not be successful depending on how well the provision was written. If it was done by an attorney, you are probably OK.

After you do that, your former wife will probably file a motion to modify the decree to allow her to move. Whether she is successful will depend on the circumstances of the case, but she has the burden of proving that there has been a material and substantial change in circumstances and that it would be in the best interest of the child. That is not easy to do.



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