05/18/2021
Divorce Case Results
Texas Geographical Restrictions
Issue: Defeated a Mom’s attempt to move a 12-year-old child to rural Oklahoma.
Facts: Mom “just” wanted to move the child over 3 hours away to rural Oklahoma because she had reunited with an old HS boyfriend online and wanted to live where he was, which would have meant my Dad client would have lost all his Thursday nites and never get a chance to have lunch with his son at school, attend school plays, sporting events, etc.
At trial, Mom insisted on the Judge interviewing the child and since he was 12, the Judge had to do so even though he warned the parties he had no interest in it because he was not going to let a child dictate where he lived. Apparently, it backfired, however, because the child told the judge he did not want to move to Oklahoma. So that, combined with my cross-examination of Mom which showed quite a few discrepancies between her deposition and trial testimony and several flaws in her rationale for moving, resulted in the Judge letting us know he was ready to rule without me even having to call my Dad client to testify.
Result: In addition to denying her request to move the child’s residence to Oklahoma, the Judge granted us our two requests to modify certain other aspects of the order and also awarded us a judgment for over $10,000.00 in attorney’s fees against Mom.(!) (The Judge didn’t appreciate that Mom had bought property there and committed to the boyfriend BEFORE she got permission from the Court to move instead of after.)
If you have a relocation issue, give my office a call at 817-338-4500 and let’s see if I can help you with it!