What can I do if I’m separated and want to move my daughter out of state but he says he isn’t allowing her to leave?

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What can I do if I’m separated and want to move my daughter out of state but he says he isn’t allowing her to leave?

We do not have any custody papers and I want to know if I can take her.

Asked on June 17, 2015 under Family Law, Texas

Answers:

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

Answered 5 years ago | Contributor

If there is no court order addressing custody currently in effect, you can take your out-of-state. However, your husband could go to court and obtain an order which will prohibit you from leaving. If you leave before he goes to court, he could still go and obtain an order that will require you to return; if you don't come back, you can be charged with parental kidnapping. To be certain of your status, you should go to court and try to get full custody and permission for the move. That having been said, a judge will have to determine whether a move would be in the best interests of your daughter. This means that you may or may not be granted permission to move to another state with her.

That having been said, at this point, before doing anything else you should consult directly with an attorney who specializes in child custody cases. They can best advise as to how you should proceed.


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