“My Ex and i have joint custody with our 10 year old son but i got granted manager conservator in this custody battle , i am planning to relocate from Texas to California and of course take my 2 sons with me.How can i gain sole custody into taking my 10 year old son with me?”

I’m not an attorney in Texas, so you’ll have to fill in the gaps with an attorney there. The language of your divorce decree may provide specific language about the county of residence for your children, so that is where I would start. I know move-away cases are rarely easy for parents, and nearly always traumatic for children. Texas believes that frequent and continuing contact with both parents is good (TX Family Statute 153.001(1)), and they will apply a “best interests” standard when rendering a decision (TX Fam. Stat. 153.002). It is unclear from your quetion whether you are sole managing conservator or if you are joint managing conservator.

Unless limited by a Court order, a sole managing conservator has the exclusive right to determine the residence of a child (Texas Fam. Stat. 153.132(1)). Even if you are joint, though, there should be a designation of which party makes the residential or geographic decision (TX F S 153.133(1)). These rights are subject to modification, and unless you and the ex agree to the move (and you will certainly need to give notice of your intent to move), expect him to file for a modification if he believes he has grounds (TX F S 156 et seq.). If you are specifically not able to move away based on your divorce decree, then you would be the one seeking the modification to allow the move away.

There are suggested visitation schedules in the Texas Code, and travel expenses for visitation will be an issue. The Court will look to your children’s best interests, and I hope you do, too.

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Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.