Texas Divorce with Protective Order

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I have a protective order that granted me full physical and legal custody of the children. It prohibits the other parent from contacting the children with no visitation rights. This was granted for three years in another state, which is different from the one where I was served with divorce papers. They served me in Texas and they are not paying child support. To make it more complicated, they were recently indicted on a third degree felony charge for violations of the protective order. This is their third domestic violence related charge in 7 years.

Their lawyer is always busy and hasn’t made time in months to meet to discuss child support. I don’t have a lawyer due to having to support the children on my own and tending to my child with special medical needs. The support we’ve applied for recently was denied by the private insurance they get thru their other parent. The state we are looking to relocate to would cover this service due to their formal medical diagnosis. Unfortunately this does not exist in Texas.

One child was born here and the other child was born in the state I am trying to move to. Additionally, my parent had a change in health and needs me to move back.

Am I allowed to move since it is in the best interest of the children involved? I can provide recent denials of therapy that would be automatically granted if we were allowed to move due to my child’s complex medical needs.

I’ve let his lawyer know that we are being pushed to move and need to consider what is best for the children. His family lives in Texas and does not assist nor see the children. Moving out of state would allow my child to get access to services and allow the children to have my family as support.

What steps can I take to allow me to move in peace? My protective order states he is not allowed to block my movements or keep me away from family.
Location: Texas

Comments

  1. Rich_Cause5589 Avatar

    If you have an open divorce case in Texas that is also presumably going to address custody and visitation, then you cannot move the children out of Texas without court approval. You really need a lawyer.