Legal Question in Family Law in Texas

should i file sole custody to keep her from taking the kids out of state

She is planning on taking the kids out of state-I never signed or agreed to any of this. What can I do to keep my kids here. I don't care if she leaves, so should I file sole custody or if I file joint would she have to stay in state for the precedings-she cheated on me and left me. Who has the upper hand? Can I just take the kids and not give them back? Isn't possession 9/10ths of the law?

Asked on 6/09/03, 12:03 pm

2 Answers from Attorneys

Paul Velte IV Paul C. Velte IV, Attorney at Law
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Re: should i file sole custody to keep her from taking the kids out of state

You need to get into see a decent divorce lawyer and quick, if she's planning to leave anytime soon. It's hard to answer your question because you don't give enough details. Were you two married? If so, you're in luck, as a provision in the law gives the non-at-fault spouse an upper hand in travel arrangements for visitation; also, she can be restricted to where the children will reside with her. You can keep her from moving out of state with them nowadays but you will have to act and assert your rights to let her know you mean business. If you allow her to move out of state for too long, you won't be able to undo the change, and worse, you could end up doing a divorce (or paternity action if you're not married) in another state, which is never a good thing. If you're in the Austin area, look me up.

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6/09/03, 3:01 pm
Fran Brochstein Attorney & Mediator
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Re: should i file sole custody to keep her from taking the kids out of state

You did not give me too many details to answer completely.

I will do the best I can to answer.

If you are married, each of you have equal rights to possession of the children.

If you are concerned about her leaving the state, then you need to file divorce immediately asking for temporary orders.

If she moves away and you wait 6 months, then she can file in another state.

Good luck!

Fran Brochstein

713-847-6000

www.familylaw4u.com

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6/09/03, 4:17 pm

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