How can I amend decree & take kids out of the county(s) in Texas?

[lshcahjwh]

I am a mother of two and due to financial difficulties need to move 2 1/2 hrs from the kids' father. My ex says that it is kidnapping, since our decree has a clause which states "I can't take the children out of the county & border counties". My daughter 16 wants to move with me, but my 11 year old son, wants to stay with his dad. However, his dad can barely take care of himself on most days and I fear my son being raised by someone that doesn't have a good track record (just got out of jail july 2010 for 3rd DWI/PI disorderly conduct). I told my ex that if he starts paying his bills on time, doesn't get in jail or evicted for a year, then maybe in a year from now our son can move in with him. But my ex had our son sign a letter stating that he wants to live with him. I have vertually no money, is their even help for me?
Thank you.
Linda

 

[army judge]

You are required to obey your existing custody order.

Dad is correct.

If you disobey the order, you do so at your peril.

You can ask the court to allow you to take the kids to XXXXX. But, if Dad objects, I don't think that you'll be successful.

But, you do have the right to ask.

 

[mightymoose]

It is not kidnapping, though you would be violating the court order for visitation.
You will have to go back to court and get a new order that allows you to move where you want to go. Financial hardship may not be enough of a reason. A much better reason would be that you have a new job lined up there that pays more and allows you to take better care of your kids.
You will have to come up with more than a DWI to prove dad is unfit to have custody of the kids.
Anyway- go back to court and work out a new agreement. Hopefully you and the father can work this out in mediation and come to an agreement.