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Relocating for Texas to California with an 18 year old

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Raven1974

Guest
What is the name of your state? Texas

I have been divorced since 2008, my ex husband and I share custody and the decree states neither party can relocate out of state without the other parent's written consent, my son is 17 right now and finishing high school in Texas.
As soon as he graduates and turns 18, I am planning on moving back to California with him. My ex husband is not wanting to move to California but to a nearby state where his relatives are.
He is currently trying to scare me by saying I could face up to 20 years in jail if I move to California with him without his consent.
Is that true ? If I choose to relocate with my 18 year old son back to California without his consent, can he go to the police or to a family judge claiming child abduction and have me arrested, if my son willingly follows me ?
 


Just Blue

Senior Member
What is the name of your state? Texas

I have been divorced since 2008, my ex husband and I share custody and the decree states neither party can relocate out of state without the other parent's written consent, my son is 17 right now and finishing high school in Texas.
As soon as he graduates and turns 18, I am planning on moving back to California with him. My ex husband is not wanting to move to California but to a nearby state where his relatives are.
He is currently trying to scare me by saying I could face up to 20 years in jail if I move to California with him without his consent.
Is that true ? If I choose to relocate with my 18 year old son back to California without his consent, can he go to the police or to a family judge claiming child abduction and have me arrested, if my son willingly follows me ?
FYI: Your abundant use of pro nouns is a bit confusing. :)

But if I read you correctly....No court can stop your adult son from moving out of TX. Ask the ex if he plans on continuing to pay child support when son is 18...lol.
 

adjusterjack

Senior Member
If I choose to relocate with my 18 year old son back to California without his consent, can he go to the police or to a family judge claiming child abduction and have me arrested, if my son willingly follows me ?
Your son will be an adult. He can go wherever he wants.

Has it occurred to you that he can choose to stay with his father?
 

not2cleverRed

Obvious Observer
What is the name of your state? Texas

I have been divorced since 2008, my ex husband and I share custody and the decree states neither party can relocate out of state without the other parent's written consent, my son is 17 right now and finishing high school in Texas.
As soon as he graduates and turns 18, I am planning on moving back to California with him. My ex husband is not wanting to move to California but to a nearby state where his relatives are.
He is currently trying to scare me by saying I could face up to 20 years in jail if I move to California with him without his consent.
Is that true ? If I choose to relocate with my 18 year old son back to California without his consent, can he go to the police or to a family judge claiming child abduction and have me arrested, if my son willingly follows me ?
When your son turns 18, he will be a legal adult and can live wherever he wants. When he's an 18 year old high school graduate, the state of TX won't even consider child support necessary.

"Child abduction" charges are reserved for those cases where someone who is legally a child (not an adult) is abducted.

Does your son have a condition requiring that he have some sort of special care?
 
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Raven1974

Guest
When your son turns 18, he will be a legal adult and can live wherever he wants. When he's an 18 year old high school graduate, the state of TX won't even consider child support necessary.

"Child abduction" charges are reserved for those cases where someone who is legally a child (not an adult) is abducted.

Does your son have a condition requiring that he have some sort of special care?
No no special needs, and what will law enforcement do if he calls them and claims child abduction, will they just laugh at him ? I just want to make clear I am not trying to abduct my child, I just want to relocate out of state with him, that's all. He is not thrilled about the move right now, because he is scared of the changes that go with it.
 

not2cleverRed

Obvious Observer
No no special needs, and what will law enforcement do if he calls them and claims child abduction, will they just laugh at him ? I just want to make clear I am not trying to abduct my child, I just want to relocate out of state with him, that's all. He is not thrilled about the move right now, because he is scared of the changes that go with it.
I suspect that after he tells them the age/DOB (they do seem to want a description of the "abductee" in these cases), that law enforcement will tell him that unless his adult son has been taken by force, there is no abduction.

Your son could chose to move in with Dad if he doesn't want to move to California. Or, as an emancipated adult, he could find his own place in whatever state he choses and support himself.
 

Just Blue

Senior Member
No no special needs, and what will law enforcement do if he calls them and claims child abduction, will they just laugh at him ? I just want to make clear I am not trying to abduct my child, I just want to relocate out of state with him, that's all. He is not thrilled about the move right now, because he is scared of the changes that go with it.
You should make it clear to him he (son) can live where he wants. And Yes. If your ex reports that his ex moved out of state with your (plural) son, the police will politely tell him there is nothing they can do, hang up and then proceed to ROTFLTAO. They may even discuss it over dinner with their family as an example of how stupid some people can be... ;)
 

t74

Member
You are assuming that your shared child would want to move away from his home and friends just to be near you. I hope you raised him to be more independent than a momma's boy. I hope he is also planning some post secondary training - college or votech. If he has not established residency in state, he will be payimg out of state tuition at public schools. If dad is forced by court order to contribute, he has good reason top be concerned about the additional cost even though he has no legal means to prevent a move.
 

LdiJ

Senior Member
What is the name of your state? Texas

I have been divorced since 2008, my ex husband and I share custody and the decree states neither party can relocate out of state without the other parent's written consent, my son is 17 right now and finishing high school in Texas.
As soon as he graduates and turns 18, I am planning on moving back to California with him. My ex husband is not wanting to move to California but to a nearby state where his relatives are.
He is currently trying to scare me by saying I could face up to 20 years in jail if I move to California with him without his consent.
Is that true ? If I choose to relocate with my 18 year old son back to California without his consent, can he go to the police or to a family judge claiming child abduction and have me arrested, if my son willingly follows me ?
No, he cannot. An 18 year old is a legal adult in TX and is no longer under the jurisdiction of the custody order. The custody order basically disappears when he turns 18.

The whole up to 20 years in jail bit is a total lie as well.
 

LdiJ

Senior Member
No no special needs, and what will law enforcement do if he calls them and claims child abduction, will they just laugh at him ? I just want to make clear I am not trying to abduct my child, I just want to relocate out of state with him, that's all. He is not thrilled about the move right now, because he is scared of the changes that go with it.
Again, your son will be a legal adult if he has graduated from high school and is over 18. Yes, the police would laugh at your ex, but also wouldn't be pleased with you if your son expressed a desire not to go with you.

Again, your son will be a legal adult at age 18. He can do whatever the heck he wants, including walking away from both you and his father.
 
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Raven1974

Guest
Your son will be an adult. He can go wherever he wants.

Has it occurred to you that he can choose to stay with his father?
Don't worry about who my child chooses to live with, that was not what my question was about
 

LdiJ

Senior Member
Don't worry about who my child chooses to live with, that was not what my question was about
It however, is an important issue. A legal adult can do whatever the heck that they want to do. Your son will be a legal adult at 18.
 
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Raven1974

Guest
It however, is an important issue. A legal adult can do whatever the heck that they want to do. Your son will be a legal adult at 18.
But that is not what my question was about, I did not ask for that kind of input, so keep those inappropriate comments to yourself.
 
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