What to do if my wife has asked for divorce and wants to take our kids to her home state to visit but assures me she will return with them before school starts?

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What to do if my wife has asked for divorce and wants to take our kids to her home state to visit but assures me she will return with them before school starts?

What can I have her sign or what do I file to make sure she returns kids, as I do not agree for them to be raised in another state? They have grown up here since birth. I want divorce to be friendly and will give her all she wants from the home except full custody

Asked on July 2, 2012 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Only a court order can really give you some of the assurance that you are seeking.  Until there is an order otherwise, both parents have the same rights to the children.  This means that she can leave the state without your permission and go file for a divorce in her home state.  The only really enforcable document is a court order which prohibits her from either removing them from the state or which requires her to bring them back to Texas so as not to interfere with your visitation schedule/rights. 


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