Can my daughter take her 2-year old and come stay in the same state with us before serving divorce paperwork to her husband?

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Can my daughter take her 2-year old and come stay in the same state with us before serving divorce paperwork to her husband?

My son-in-law is verbally/emotionally abusive, and his anger issues seem to be escalating. We would like for her to come stay with us – 7 hours away from the father – and would assist her in accommodating visitation with the father and child. We don’t want to risk her being the one with whom the child resides, after the divorce, so we don’t want to make rash decisions. Divorce paperwork would be served on her husband, while she is in our home.

Asked on January 1, 2012 under Family Law, Texas

Answers:

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

Answered 9 years ago | Contributor

Even though she would still be in the same state, 7 hours away could be a problem.  But if she is leaving because she is in fear of her safety and for the safety of the baby, and she really has no where else to go, then the courts may not be too harsh on her.  But what I would suggest is that she speak with an attorney asap about filing for a restraining order and temporary custody of her child now, before even divorce papers, just to give her some legal rights with the baby at this point in time.  Ask the court to allow her to move and set up a visitation schedule (supervised) with the father.  You seem to recognize that just leaving could jeopardize custody so deal with it up front.  And do not be surprised if the courts do not allow her to move that far away.  It is a distinct possibility.  Good luck.


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