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military orders and custody

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my husband is in the military and is under orders stationed in texas. our home of record is california. can i take my kids and go back to california and file for divorce there without having to return to texas for a custody battle? would there be any chance of him getting custody because we currently live in texas?


Senior Member
custody at this point has not been established.

you are still legally married and free to travel with the children any place that you want. you can pack the kids up and move off to california. but there are some things that you need to know before you do that.

(1) you have to meet residency requirements before you can file in California. (Usually 6 months - i haven't checked on california's requirements)

Unless I misunderstood - you are from California, but you are residing in Texas. you have established a legal residence in texas, car has texas plates, texas drivers license? you are from texas.

(2) during the time that you are waiting to meet residency, your husband can file right away in Texas. he already meets the requirements for residency.

This would require you to travel back and forth for all of the hearings. It would also give Texas jurisdiction and all future hearings would be in Texas. you would have to petition to have the jurisdiction changed.

(3) you run the chance that the judge will make you return the children to Texas. you of course, would be free to stay in california if you wished. it could become a chance of giving up the children to remain in california.


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