I want to move out of Texas with my son, but the non custodial parent will not agree to let us, he is behind on child support an

Ok. First, I have to make a number of assumptions here. If any of them are incorrect, please correct me because it will change my answer. 1) There has been a previous custody order in place. 2) That custody order has a geographic restriction in place prohibiting the child from being permanently removed from Texas (or Dallas/contiguous counties). If that's the case, you can petition for a modification of final custody orders. You're going to have to explain why you want to move and have the judge grant that motion-- and from the looks of things, the non-custodial parent will fight you on it. However, with a history of family violence, it shouldn't be too bad. However, these modifications are very fact-intensive and can turn on the circumstances of the move. I would strongly suggest consulting a local attorney.

I agree with Mr. Cohan's answer, but I'd add one thing. A big consideration in these cases is the fact that practically speaking, if the custodial parent moves the child out of state, the child's ability to have a close relationship with the noncustodial parent will almost always be negatively affected--assuming such a relationship is there to begin with. Sometimes it's not, even living fifteen minutes away, the noncustodial parent may just choose not to interact much with their child. Missed visitations, refusing to pay child support, not showing up for school functions or trying to do something special with the child for birthdays and holidays are all factors that the judge should take a look at on this, because if we're talking about a noncustodial parent who does that sort of thing, well, what difference does it really make if the child moves away? In vases where the noncustodial parent really does make an effort, though, the court is less likely to approve the move. It is definitely true, though, that each case is different and there's just no way to consult a crystal ball and tell you which way your particular case will turn out. I wish you luck.

I agree with both previous answers for the most part. The court has to find that the move isin thebest interest of the child. In my experience, however, these are usually very contested cases. Another issue not so far mentioned, if the father is involved to some extent, the court can enter orders to either reduce his support because of travel expenses for the child occasioned by the move, or require that you pay for some of the child's travel. Sometimes orders reflect both. There are lots of FAQs on my website covering many issues. Check out the link below, and give us a call. This process takes a bit of time, so don't wait until the last minute. Good luck to you.