Moving back to NY after 3 months in TX?

[iamawild1]

What is the name of your state? New York
My daughter and her husband moved to Texas approx. 3 months ago with their three children. Her husband has an ilness that he stated would be better in a warmer climate. She moved with him and the children and is now stuck. She would like to move back to NY with the children and he refuses. Can she move back to NY with the kids without his permission? He has not found employment, nor is he looking for work. His mother seems to be supporting him and the family. The marriage is over, she is miserable, the kids are miserable. Can she legally take the kids back to NY?

If the answer is yes, can I, the maternal grandmother, bring the kids back with me while she moves her furniture back? I don't want to be charged with kidnapping... but I want to help my daughter and grandkids. I would be flying back with the boys and she would be driving back with her father via truck loaded with furniture. What would we need to do?

 

[rmet4nzkx]

Well she can move back to NY, she has not been in TX long enough to establish residency for divorce or custody, right now both parents have equal custody. She should consult with a NY family law attorney to make sure the specific facts of her situation would still satisfy the residency requirements for NY, 3 months could be seen as a tempoary more/vacation, especially since her husband has not sought work or established a home.

 

[iamawild1]

What is the time frame in Texas to establish residency? Sher's NY driver's license expired in Jan 05 and since she was in Texas, she had to renew it with a Texas license instead of NY. And, since her husband isn't working, she applied for medical assistance and food stamps from the state of Texas, which they granted her for the children. Does this establish residency in Texas even tho she's only been there < 3 months?

 

[BL]

Why don't you consult with a Family Law Attorney in NY , on your daughter's behalf for a small fee ?

Some may even give you a free phone consult if you E-mail them what you posted here .

 

[iamawild1]

I have a call into our family attorney, however he was in court all day and his secretary said he is not familiar with Texas law. Being that she is now IN the state of Texas with the children, Texas laws may pertain to her situation. This is what I am trying to find out.

 

[rmet4nzkx]

Residency is 6 months for both divorce and custody. She must have something left in New York to sustain the residency.
Here is a link to new York Divorce law,
http://www.millenniumdivorce.com/articles/New-York-divorce.asp
Here is a link to Texas divorce/custody law
http://www.millenniumdivorce.com/articles/Texas-divorce.asp