If I move out of state before my divorce, how does this affect child support and visitation?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I move out of state before my divorce, how does this affect child support and visitation?

I’m moving with my minor child to be with family after separating from spouse. I will file for divorce there. Do I have to be a resident of the other state a certain amount of time before filing for divorce? Do I file in the county I lived in before or my new county?

Asked on September 29, 2017 under Family Law, Texas

Answers:

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

Answered 4 years ago | Contributor

You can file in your new state of residence once you establish residency; ti[ally after about 3-6 months, depending on the state. It would be in the county where you live. Also, you could choose to file in the state in which your husband lives, if that state's laws are more favorable to you. If you do move, you should file for temporary custody first (a permanent custody ordered will be issued as part of the divorce). Otherwise, if your husband files he may be able to keep you from leaving or, if you have already left, he may be able to make you return or be charged with parental kidnapping. At this point,  you should consult directly with a divorce attorney who can best advise you further.

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

Answered 4 years ago | Contributor

You can file in your new state of residence once you establish residency; ti[ally after about 3-6 months, depending on the state. It would be in the county where you live. Also, you could choose to file in the state in which your husband lives, if that state's laws are more favorable to you. If you do move, you should file for temporary custody first (a permanent custody ordered will be issued as part of the divorce). Otherwise, if your husband files he may be able to keep you from leaving or, if you have already left, he may be able to make you return or be charged with parental kidnapping. At this point,  you should consult directly with a divorce attorney who can best advise you further.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption