Can my daughter and I move out-of-state without getting into trouble?

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Can my daughter and I move out-of-state without getting into trouble?

My husband and I been separated for over 2 years he does not pay child support nor put in effort to see our daughter. I recently got offered a job in FL. Can my daughter and I leave for a year without any legal trouble?

Asked on January 11, 2011 under Family Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Do you have a legal separation or some sort of existing custody agreement.  if so , then that will control this situation  If an out-of-state move is not addressed in any existing documentation then you will have to go back to court to straighten out this situation (if you and your spouse cannot reach an agreement).

However, if there is no court order in affect, you can take your child out-of-state.  But, your husband could go to court in TX and obtain an order which will require you to return.  If you don't comply with the order (ie come back to TX), you can be charged with parental kidnapping.  The best way for you to obtain legal custody is for you to go to court first.  If you get a temporary custody order from the court (a permanent order will be issued at such time as a divorce is filed and finalized).  In deciding whether or not you can then move out-of-state, the court will consider "the bests interests of the child" in making its determination.  


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