Can I file for a temporary custody order while I establish residency in a county other than the one that my husband lives in?

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Can I file for a temporary custody order while I establish residency in a county other than the one that my husband lives in?

I fled a verbally, emotionally, and somewhat physically abusive relationship with my children. I am with my parents awaiting residency (90 days) in their county. I have secured Healthcare/Medical assistance for both children including WIC. I have registered my son for school here and am attending counseling. I also have an appointment with the SafeHaven Legal Aid Attorney in Sept. In the meantime, my husband is threatening to come take the children. Given the circumstance I am not comfortable going back to our old town. Do I have a right to file for temporary custody, pending the divorce?

Asked on August 17, 2010 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, you have the right to do so and you should as soon as you can.  You have not fled the state, just the county, correct?  The distance from your spouse may be an issue given the size of your state.  But you need to establish that you have the absolute right to make decisions at this point in time and until the court determines custody (or you can agree on it).  I would also suggest that you seek to put in place a restraining order against your husband as to you and the children.  The best interests of the child are the basis for most determinations.  Abusive relationships are not considered good environments to live in.  Keep your head up and good luck in September.  You should be proud of yourself that you made the step in the right direction.  Many people can not.  Again, good luck.


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