I live in Texas my wife filed for divorce and yesterday February 1 she was in a bad motorcycle accident with the man she was having an affair with. I found out about the affair at the hospital yesterday as she admitted it been going on for four months. The question i have is can i take the kids and go stay at my moms in Florida before the divorce is final? The man was careflighted to Plano on life support not sure if he is going to make it. The only reason is i have no one here to help me with the kids while i work as my family lives in Florida and Michigan.
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Taking kids out of state while in divorce?
- Thread starter Azerk407
- Start date
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LdiJ
Senior Member
No, you cannot remove your children from Texas while the divorce is pending. You will have to get a babysitter. You need the permission of the courts to relocate with the children.
Zigner
Senior Member, Non-Attorney
Are you talking about a visit, or are you talking about a permanent relocation? The first is ok, the second is not.
Zigner
Senior Member, Non-Attorney
If it's truly a "visit" then there shouldn't be a problem, but you would be wise to speak to an attorney for a review of all of the relevant information.
Zigner
Senior Member, Non-Attorney
"The court" won't (isn't allowed to) speak to you. You can file for a hearing, or you can speak to an attorney.
ETA: I applaud you for taking the time to check this instead of just heading out. It's wise.
Zigner
Senior Member, Non-Attorney
They can ask you at any age. Of course, the proper response would be to gently guide them away from the subject and explain that the court decides that, not the child.
You should be okay PROVIDED, that the family court has not issued a restraining order prohibiting the removal of the children from the state.
In some states such an order (commonly referred to as an ATRO or Standard Family Law Restraining Order) automatically takes effect upon the filing of an action for dissolution of marriage. And commonly the order is attached to or incorporated into the Summons. But I don't find that is true in Texas.
In other words, in Texas one of the parties would have to move for the entry of such an order. Or it could be entered upon the court's own motion. I suggest that you consult the court file to see than none exists.
Ohiogal
Queen Bee
CHILDREN NEVER CHOOSE. Let's get that straight. Usually at the teen years, their wishes carry a bit of weight. Before then, it depends. But until they become 18, they are children and don't choose. At 18 they can do so.
LdiJ
Senior Member
You mentioned that this visit would just be for a few weeks and then in a later post you asked at what age a child could "choose". If your children are in school it would not be considered to be in their best interest to pull them out of school for a few weeks so that you can get your act together. Again, you need to figure out a way to handle things while you have the children with you in TX.
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Apparently not all TX divorce filings include an ATRO .sure would be prudent to check your paperwork w legal eyes .
IN any case I'd be real nervous about too long a vacation which looks like a removal, absent court order .
No sense giving Mom free legal rocks to toss at you.
ANd it may be easier to get court order now rather than after situation smells like " removal." CHeaper too!
Your kids are how old ?
BTW many states require one to support your spouse if they are unable to work ...and I'd be real nervous how that's to play out...and another good reason for counsel soon.
BTW , it might be easier to convince one of your parents or gps to do short term duty in TX ?
IN any case I'd be real nervous about too long a vacation which looks like a removal, absent court order .
No sense giving Mom free legal rocks to toss at you.
ANd it may be easier to get court order now rather than after situation smells like " removal." CHeaper too!
Your kids are how old ?
BTW many states require one to support your spouse if they are unable to work ...and I'd be real nervous how that's to play out...and another good reason for counsel soon.
BTW , it might be easier to convince one of your parents or gps to do short term duty in TX ?
stealth2
Under the Radar Member
If you can take a few weeks off work to "visit" in FL, why can't you take a few weeks off to sort things out in TX? Maybe have a family member come to you to help with the kids temporarily?
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