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Texas divorce and moving out of state

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angelzkissus

Junior Member
What is the name of your state (only U.S. law)? I live in Texas and will be filing for divorce after the holidays are over. my husband was hurt at work and has been declared unstable and disabled. I have had to aquire help for after school for the kids and for household chores when I am at school and/or work. -i am a full-time student and a work fulltime- my question is I dont really want anything from him for support and I do want him to see the kids. I have been doing research and know that he will be required to pay some sort of support but I would rather he use his money on the kids. (do i have a say in refusing support)
He also is supposed to be going to the doctor and taking meds on a daily basis but he doesnt. He uses me as an excuse saying when you go to the doctor i will go. I have the family plan insurance which means he is covered too.
I can afford to move out and start over and with his disability pay and some minor changes of getting rid of his extras he can too but if he cant manage to go to the doctor and he has been declared unstable by the SSA how can he be trusted to care for our kids during visits? We have tried counseling and he refuses to go usually only attending just long enough for me to change my mind about leaving.
I have always made more money than him and when he did work it was sporatic and mostly temp jobs.
My fear is I will be alone here in Texas & with little or no familial support here (all my family lives in NY or VA) so either way in about a year I will be moving out of state. I need to finish my last 2 classes in my degree and my kids (6 & 8 year old)need to finish the school year.
 


mistoffolees

Senior Member
How was he declared 'unstable'?

If there is a court order that he's unfit, then you could ask for supervised visitation for him in your divorce.

As for moving out of state - don't be so certain. If you try to move with the kids, he can file for an order to have the kids returned. In addition to the normal arguments, he will have the additional argument that he's disabled and can't easily get up to the northeast to see them.

You will probably want a court order allowing the move before you do it. Under the circumstances (particularly if he HAS been legally declared unfit), it should be possible to get one. You will, however, probably be paying for the kids to go see him.
 

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