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can i leave the state with my children?

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justwantaway

Junior Member
texas

my husband and i have been seperated for 6 months now. my daughters are 3a nd 5. i have them living with me. i have recently deceided that i would like to leave the stae of texas and just start over somewhere else with my children. i have no formal custody seperation or child support order in place so if i just leave the state with my kids what legal recourse does my husband have? can he get me for kidnapping. i just really want a fresh start some where else.
 


Shay-Pari'e

Senior Member
justwantaway said:
texas

my husband and i have been seperated for 6 months now. my daughters are 3a nd 5. i have them living with me. i have recently deceided that i would like to leave the stae of texas and just start over somewhere else with my children. i have no formal custody seperation or child support order in place so if i just leave the state with my kids what legal recourse does my husband have? can he get me for kidnapping. i just really want a fresh start some where else.
He can get you for kidnapping his children. You and he need the court orders, especially when it comes to his and your children.

You and he need to make this legal through the courts.
 

LdiJ

Senior Member
justwantaway said:
texas

my husband and i have been seperated for 6 months now. my daughters are 3a nd 5. i have them living with me. i have recently deceided that i would like to leave the stae of texas and just start over somewhere else with my children. i have no formal custody seperation or child support order in place so if i just leave the state with my kids what legal recourse does my husband have? can he get me for kidnapping. i just really want a fresh start some where else.
You have the right to go anywhere you like with your children. However if he doesn't agree he has the right to petition the court to force you to return to Texas with the children. If the court orders you to return, and you don't, then yes, you would be charged with kidnapping.

Don't be foolish. Do things the right way. File for divorce and custody and either get your husband's or the court's permission to relocate. If you can't get that permission then don't move.
 

Shay-Pari'e

Senior Member
LdiJ said:
You have the right to go anywhere you like with your children. However if he doesn't agree he has the right to petition the court to force you to return to Texas with the children. If the court orders you to return, and you don't, then yes, you would be charged with kidnapping.

Don't be foolish. Do things the right way. File for divorce and custody and either get your husband's or the court's permission to relocate. If you can't get that permission then don't move.
Why do you do that? Do you need to clarify everyones posts? I think you are a great contributer, but you step on alot of toes, just to say the same thing in your own words.

OK! I Vented.
 

LdiJ

Senior Member
--PARIDISE-- said:
Why do you do that? Do you need to clarify everyones posts? I think you are a great contributer, but you step on alot of toes, just to say the same thing in your own words.

OK! I Vented.
I did that in this case because its honestly not true that someone with legal custody of their children can be charged with kidnapping them.....unless or until a judge orders them to return the children to the original home state and they refuse.

In the first place I think that the posters need a clear answer...and in the second place I worry that they will get the correct information somewhere else (that yes, they can leave the state with their children and its not kidnapping) without getting the warning that dad can ask a judge to order them to return and THEN it can be turned into kidnapping.

Odds are that most of these people aren't going to just ask their question on this particular board.

Some of the other times that I do it is when I see a thread getting really confusing or straying away from the actual question/subject that the OP asked.
 

candi4687

Member
Relocating Parent

Find out about a Relocating Parent law in your state. This law is different in each state but reguardless of court papers you still need to inform him or you will wind up in my situation. You have to give proof of why it is in the best intrest of the children to move away. Sad to say you can't just go moving the kids away from him because you just want to "start over somewhere else with your children". :rolleyes: Me personally I wish it were that easy in my case but its not. Are you doing this for another reason or is it to be vindictive towards him? Basically you have to prove that the move is best for the CHILDREN, your reason just is NOT good enough!!!
 

nextwife

Senior Member
And "starting over" can't be accomplished without removing the children from regular access to their father? Leaving the marriage, in itself, allows you to "start over".
 
Texas Code

This is from the Texas Family Code

§ 153.073. RIGHTS OF PARENT AT ALL TIMES. (a) Unless
limited by court order, a parent appointed as a conservator of a
child has at all times the right:
(1) to receive information from any other conservator
of the child concerning the health, education, and welfare of the
child;
(2) to confer with the other parent to the extent
possible before making a decision concerning the health, education,
and welfare of the child;
(3) of access to medical, dental, psychological, and
educational records of the child;
(4) to consult with a physician, dentist, or
psychologist of the child;
(5) to consult with school officials concerning the
child's welfare and educational status, including school
activities;
(6) to attend school activities;
(7) to be designated on the child's records as a person
to be notified in case of an emergency;
(8) to consent to medical, dental, and surgical
treatment during an emergency involving an immediate danger to the
health and safety of the child; and
(9) to manage the estate of the child to the extent the
estate has been created by the parent or the parent's family.
(b) The court shall specify in the order the rights that a
parent retains at all times.

********************************************************

( OPINION ) Welfare of the child can be a pretty powerful thing if you decide to move and not tell the father.

( FACT) If and when you do tell him about the soul searching you want to do and take his kids away, he can file and slap you with an Emergency Restriction of Domicile. Texas wants to keep families together so this would not be much of a problem.

( OPINION ) It would be best if your kids stayed near their two parents.

( FACT ) If this happens and you still want to fight, cash in your 401k.
 

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