CanI move out-of-statewith my children and file for divorce there?

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CanI move out-of-statewith my children and file for divorce there?

I am planning on leaving my husband for another man and moving to OK. I do not plan on filing for divorce until after I move. We have 3 children but only the 2 smallest will be moving with me. If there any law stating that I cannot proceed with my plans?

Asked on September 8, 2010 under Family Law, Texas

Answers:

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

Answered 10 years ago | Contributor

If there is no court order in affect, you can take your children out-of-state.  However, 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 when your divorce is finalized.  In deciding whether or not you can then move out-of-state, the court will consider the bests interests of the children in making its determination.  

Note:  You could file for custody once you re-establish residency in OK (but that will take time; typically 6 months).  In the meantime your husband could file and, as stated above, you could be required to then return to TX.


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