Legal Question in Family Law in Texas

Custody law

A women in fear, would like to take her children out of state away from abusive husband.He will not leave or give divorce and has threatened her and any friends if she leaves. Can she run away with 9& 7 year old to be safe. Can she be charged with kidnapping? Since they are still married and no one gave custodial rights to a specific person, I told her no. Is this correct?

Asked on 4/24/05, 9:17 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator
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Re: Custody law

If there is no case pending, either parent is free to go wherever they want with the children.

The parents have equal access and custody of the children unless a court decides otherwise.

Be advised that if she leaves Texas, he can file for divorce here. Texas will have jurisdiction over the divorce and the children.

If she is served, she will need to return to Texas.

If she does not appear at the hearing, he will be the only one to testify and I'm 99% positive the court will grant him custody.

In summary, she can leave the state but Texas will not lose jurisdiction over the woman and the kids for 6 months.

Wherever she moves, she needs to find out the laws of that state.

Good luck

Fran Brochstein


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Answered on 4/25/05, 5:30 pm

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