Moving out of state...

[ted7272000]

My divorce is not final but when it is I want to move closer to my family with my kids. I'm in Texas and my family is in Tennessee. My lawyer tells me that I can't move because of the custody agreement but I'm alone and I need the support of my family. How can I fight this and why isn't my lawyer advising me to fight???

 

[Duranie]

You have to get permission from the courts to move and be prepared to prove the move is in the childs best interest. Remember there is another parent here and they have rights, and moving out of state will surely affect their visitation. Unless you can get the ex to agree and make a deal with them, and be prepared to pay for all transportation, you may have an uphill battle. The courts could give custody over to the other parent.

 

[ted7272000]

But what about my rights?

 

[jacksgal]

Of course you have rights but your rights should not take rights fro other parent

 

[Duranie]

You can move wherever you want. You cannot move the kids wherever you want. You need to prove the move is in the kids best interest and why leaving them in TX with the parent that is not relocating is not in the kids best interest.

Ask your attorney how you go about this but unless you can get the other parent to agree, and in TX it will be a little tough for you to be granted approval, especially if Dad and extended family are in the area, you have to fight for it.