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Can I move my kids away from my husband?

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jelisabethl

Junior Member
What is the name of your state? Texas

I am seriously considering a divorce. My main concern is, as it should be, my children. I moved to where I am living now because this is where my husband lived when we met. I have no family here, few friends, and practically no outside support for me and my children. I have thought of moving back home, where MY family lives, for the much needed moral support. My husband, who has been through the divorce/custody process before, filed an injunction (?) against his last wife where she couldn't move more than a county away. My family lives more than 5 hours away. Do I have any grounds to stand on, or will the judge automatically side on the side of my husband? I don't really want to take my children from my husband, but I NEED some support for myself with the love of my family. Please help! Thank you,
Julie
 


Just Blue

Senior Member
What is the name of your state? Texas

I am seriously considering a divorce. My main concern is, as it should be, my children. I moved to where I am living now because this is where my husband lived when we met. I have no family here, few friends, and practically no outside support for me and my children. I have thought of moving back home, where MY family lives, for the much needed moral support. My husband, who has been through the divorce/custody process before, filed an injunction (?) against his last wife where she couldn't move more than a county away. My family lives more than 5 hours away. Do I have any grounds to stand on, or will the judge automatically side on the side of my husband? I don't really want to take my children from my husband, but I NEED some support for myself with the love of my family. Please help! Thank you,
Julie
So...You go to Mom amd Dad and the children stay where they are.
 

Silverplum

Senior Member
This is an extremely common q, asked/answered a zillion times per week on this forum.

Short answer? No.
Another short answer? Bay is correct.
 

jelisabethl

Junior Member
Let me clarify the situation...

Trying not to break any of the rules of this forum, I was very vague and general about my situation. Let me clarify...My husband is an immature, irresponsible, child of a man who can hardley take care of himself, much less 2 small children. He spends more more time with his friends, playing and partying, than he does with his own 2 precious children. He goes out practically every night leaving me at home by myself to care for our children (not that I mind, but it is the point of the matter.) He doesn't even know how to properly pack a child's diaper bag, not that I have not done my hardest to try to get him to take responsibility and learn. He provides nothing for me or our children but grief and heart ache. I am trying to save myself and my children from a neglectful relationship and asking if it is okay to take them to a loving family... my family. Please rethink your answers and reply back.
Thanks.
 

Silverplum

Senior Member
Trying not to break any of the rules of this forum, I was very vague and general about my situation. Let me clarify...My husband is an immature, irresponsible, child of a man who can hardley take care of himself, much less 2 small children. He spends more more time with his friends, playing and partying, than he does with his own 2 precious children. He goes out practically every night leaving me at home by myself to care for our children (not that I mind, but it is the point of the matter.) He doesn't even know how to properly pack a child's diaper bag, not that I have not done my hardest to try to get him to take responsibility and learn. He provides nothing for me or our children but grief and heart ache. I am trying to save myself and my children from a neglectful relationship and asking if it is okay to take them to a loving family... my family. Please rethink your answers and reply back.
Thanks.
THIS is a LEGAL site.

No need to "rethink" our answers. They remain the same, regardless. (So does the SEARCH function.)

To crib G. Stein: The law is the law is the law.
 

Just Blue

Senior Member
Trying not to break any of the rules of this forum, I was very vague and general about my situation. Let me clarify...My husband is an immature, irresponsible, child of a man who can hardley take care of himself, much less 2 small children. He spends more more time with his friends, playing and partying, than he does with his own 2 precious children. He goes out practically every night leaving me at home by myself to care for our children (not that I mind, but it is the point of the matter.) He doesn't even know how to properly pack a child's diaper bag, not that I have not done my hardest to try to get him to take responsibility and learn. He provides nothing for me or our children but grief and heart ache. I am trying to save myself and my children from a neglectful relationship and asking if it is okay to take them to a loving family... my family. Please rethink your answers and reply back.
Thanks.

Well since you found this immature, irresponsible, child of a man to be fit father material it is unlikely that a Judge will allow you to take Dad's children away. You are a grown up now (presumably) and should be able to deal with this without running to your parents.
 

nextwife

Senior Member
Trying not to break any of the rules of this forum, I was very vague and general about my situation. Let me clarify...My husband is an immature, irresponsible, child of a man who can hardley take care of himself, much less 2 small children. He spends more more time with his friends, playing and partying, than he does with his own 2 precious children. He goes out practically every night leaving me at home by myself to care for our children (not that I mind, but it is the point of the matter.) He doesn't even know how to properly pack a child's diaper bag, not that I have not done my hardest to try to get him to take responsibility and learn. He provides nothing for me or our children but grief and heart ache. I am trying to save myself and my children from a neglectful relationship and asking if it is okay to take them to a loving family... my family. Please rethink your answers and reply back.
Thanks.
You should not have produced children with him, then. And certainly not TWICE.

Your family will still love and emotionally support you no matter where you are.
 

jelisabethl

Junior Member
I am not saying that every decidion that I have made has been the best one for myself. People that are in love do stupid things hoping the other person will change. But now that they are made and there are children involved, I am trying to make better decisions on their behalf. The law may be the law, but no none would ever suggest I leave my children with my husband if they really knew him and what he has, and hasn't, done.
 

Silverplum

Senior Member
I am not saying that every decidion that I have made has been the best one for myself. People that are in love do stupid things hoping the other person will change. But now that they are made and there are children involved, I am trying to make better decisions on their behalf. The law may be the law, but no none would ever suggest I leave my children with my husband if they really knew him and what he has, and hasn't, done.
You probably should do lots of reading about TX law on the topic. Eat the Reality Sandwich.
 

Just Blue

Senior Member
I am not saying that every decidion that I have made has been the best one for myself. People that are in love do stupid things hoping the other person will change. But now that they are made and there are children involved, I am trying to make better decisions on their behalf. The law may be the law, but no none would ever suggest I leave my children with my husband if they really knew him and what he has, and hasn't, done.
Be that as it may...He IS their father and you have no legal right to remove the children from their home. If you want to obtain permission from the court you will have a hard time proving that it is in the children's best interest to be moved away from their father, home, school, doctors, extended family and friends so that YOU (Miss Maturity) can live with your parents and get emotional support.
 

proud_parent

Senior Member
...He goes out practically every night...
...He doesn't even know how to properly pack a child's diaper bag...
You have just described nearly every guy knew in college. I suppose that means that none of them have custody of their children now. :rolleyes:

jelisabethl said:
The law may be the law, but no none would ever suggest I leave my children with my husband if they really knew him and what he has, and hasn't, done.
Care to test your assertion? File for divorce and custody, continue on with your plans to relocate, and see what the judge decides.


To crib G. Stein: The law is the law is the law.
Trudy also said, "Indeed a rose is a rose makes a pretty plate...."
May I have your permission to cross-stitch "The law is the law is the law" on a pillow?
 

jelisabethl

Junior Member
Some of you are pretty harsh on a desperate woman trying to do what is best for her children. I am not asking permission to 'live with my parents.' That was never said, at least not by me, and that is not what I meant. Do any of you know what it is like to be completely isolated and have practically no one you can call a the last minute in case of an emergency? Do any of you know what it is like to live with a 15-year-old 39-year-old (No he not just some young punk.)
I guess I will thank you for letting me know that the road ahead of me is going to be rocky. For the sake of others that might possibly post questions on this site, please try to hold your personal comments at bay and just answer in straight legal terms. I wasn't asking your opinion, I was asking what my options were. Simple, straight forward. What are the possibilities given my current situation. I don't need to hear 'mom go and leave the kids with dad.' I also was not asking for anyone's sympathy for the mess I have gotten myself into, all I wanted was a striaght forward answer.
 

Silverplum

Senior Member
Some of you are pretty harsh on a desperate woman trying to do what is best for her children. I am not asking permission to 'live with my parents.' That was never said, at least not by me, and that is not what I meant. Do any of you know what it is like to be completely isolated and have practically no one you can call a the last minute in case of an emergency? Do any of you know what it is like to live with a 15-year-old 39-year-old (No he not just some young punk.)
I guess I will thank you for letting me know that the road ahead of me is going to be rocky. For the sake of others that might possibly post questions on this site, please try to hold your personal comments at bay and just answer in straight legal terms. I wasn't asking your opinion, I was asking what my options were. Simple, straight forward. What are the possibilities given my current situation. I don't need to hear 'mom go and leave the kids with dad.' I also was not asking for anyone's sympathy for the mess I have gotten myself into, all I wanted was a striaght forward answer.
And you got it.
Then you argued.
Then you got the answer again.
Then you argued.
Then you got the answer some more.
:rolleyes::rolleyes::rolleyes::rolleyes::rolleyes:
 

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