seperation, moving out of state

[trinity0214]

I left my husband last week, We live in Texas. I had planned on moving to California where i have some family, and a chance for a job. We have three kids, and I took the kids with me. He was not physically abusive, but very emotionally abusive, He hasbeen threatening me daily since I left, by email, and on the phone, that I have to bring the kids back to Texas, or he will have the police, and CPS come take them away from me. Can he do this? Can he intimidate me to make me live where he wants? I did not tell him we were leaving, but left while he was gone, I would not have been able to leave otherwise. I have family in Texas also, and although they would like us to have stayed there, they are supportive of my decision to move, and seperate from my husband. Does anyone know if I am doing anything wrong by moving out of state? I am just trying to keep myself safe, he never harmed the kids, but verbally bashed me constantly, Any help is really appreciated.

thanks

 

[I AM ALWAYS LIABLE]

I left my husband last week, We live in Texas. I had planned on moving to California where i have some family, and a chance for a job. We have three kids, and I took the kids with me. He was not physically abusive, but very emotionally abusive, He hasbeen threatening me daily since I left, by email, and on the phone, that I have to bring the kids back to Texas, or he will have the police, and CPS come take them away from me. Can he do this? Can he intimidate me to make me live where he wants? I did not tell him we were leaving, but left while he was gone, I would not have been able to leave otherwise. I have family in Texas also, and although they would like us to have stayed there, they are supportive of my decision to move, and seperate from my husband. Does anyone know if I am doing anything wrong by moving out of state? I am just trying to keep myself safe, he never harmed the kids, but verbally bashed me constantly, Any help is really appreciated.

thanks

My response:

In the absence of court orders, you can take your kids wherever you want. However, most States, and Texas is one, require that when children are to be removed from the marital home to another town, county or State, that proper Notice is given to the other spouse. However, and despite the law, you probably wouldn't have given him Notice anyway, due to your own fears.

So, here's what will happen. Because no Notice concerning the children was given (usually anywhere from 30 to 45 days Notice, depending upon the State), California, or any other town, county or State, will never obtain jurisdiction over the kids. That means, once he files for divorce and custody in Texas, you'll be forced, by law, to go back to Texas, or the town in Texas that has jurisdiction of the children, to have a Texas court "hash" this out, and make a determination about custody, child support, alimony, and visitation rights.

So, there's probably going to be a travel plan for you back to Texas, or the town you left, for you in the very near future. It may be very wise to obtain a consultation with a local Family Law attorney before anything is filed in a Texas court. You could use further advice and direction.

Good luck.

IAAL

[Edited by I AM ALWAYS LIABLE on 04-05-2001 at 01:12 AM]