Can I take my kids out of state?

UPDATED: Oct 1, 2022

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Can I take my kids out of state?

My wife filed for divorce about 5 weeks ago. We have 4 small children under the age of 14. Yesterday, she was in a motorcycle accident with the man she has been having an affair with. I found about the affair in this manner at the hospital yesterday as she admitted it to me Copied is the link to the accident. The man was a former boss of mine that is a known alcoholic and drug user. When she admitted to me what was going on my oldest son was with me while the other 3 were out in the hallway at the hospital. My oldest son then asked his grandmother if she knew about the affair and she responded that she did. My oldest and I did not sleep last night. Finally, he said to me,

Asked on February 2, 2018 under Family Law, Texas


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

Answered 4 years ago | Contributor

What you must do is seek legal help. If she filed for divorce I am assuming she was given physical custody of the kids. You need to file a motion for full custody (physical as well) of the kids NOW.  Do not flee with them.  Even under the circumstances it will be considered parental kidnapping if she is the custodial parent. Good luck.

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