If my daughter’s father has threatened me with violence, can I move back to another state to be with my family without his permission?

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If my daughter’s father has threatened me with violence, can I move back to another state to be with my family without his permission?

My daughter Lilly is nine months old. Her dad and I are not together. I do not have any child support or any custody the through the court system. Her dad has harrassed me and tells me he is going to kill me and my family. Well I have not called the cops or anything. Her dad has a record with family abuse and a lot of drug charges. He also has another child that he supposed to pay child support on. He is behind on that and rarely ever pays. I want to move back home to where all of my family lives. If I take my daughter out of state, can he stop me or could I get into any trouble?

Asked on December 1, 2012 under Family Law, Texas

Answers:

Kristina Combs / The Law Firm of Kristina L. Combs, PLLC

Answered 8 years ago | Contributor

The first thing you should do is get a protective order against him, and you should notify the police when an incident occurs. Your post states that you "do not have any child support or any custody through the court system." If this means that you have an agreed child support or custody order, then you would need to follow it the same as an order that you did not agree upon. If this means that you never went to court, or had an agreed order or contract between you and the father, then you would be able to move since there is no court order or agreement between you and the father. It is best to consult an attorney to discuss your options prior to making any decision to move. Sometimes there are important facts that people may leave out when the attorney is not able to ask follow up questions.  


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