Legal Question in Family Law in Texas

My husband (former military) and I lived in Texas for 4 years. My child was born there. We moved out of Texas after his military discharge about 8 months ago. He's always been abusive, verbally and physically, and when I tried leaving he made it absolute hell, making up lie after lie trying to get my daughter taken from me. I want to leave back to Texas and divorce him while he's nowhere near me because I'm afraid of him. Is that going to be possible? I don't want him anywhere near our daughter or myself. I know this is what's best but I can't leave if I know there's any way for him to get my daughter From me if I leave the state. Please help.


Asked on 10/23/14, 7:21 pm

1 Answer from Attorneys

Michelle Scopellite Goldstein & Scopellite, PC

Hypothetically, as I have only the information you provided, if you leave the state where you now live, without an order from the court allowing you to do so and leave, your husband will have up to 6 months to file an action against you in the state where you now live (or where he lives if you leave the state)...

and, if he does this, he will be able to get a Writ issued against you and get a Sheriff to bring you AND the child back to the state where you now live, and the Writ will give him custody.

If this happens, you could permanently loose joint custody of your child, and your husband could get sole decision making rights to your child, which is not in your or your child's best interest.

Based on what you provided, I would not leave the state where you live without an order from the court allowing you to do so.

What that means is that you will need to hire a very good lawyer who can file a divorce with child custody action in the court, get him served, and fight for you to get sole decision making rights to your child, if you can, and possibly, the right to leave the state with the child.

Our firm can practice law in Arizona and Texas. We handle divorce and custody matters including domestic abuse cases.

We charge an hourly rate of $250 per hour and we require an initial retainer to be paid upfront when the fee agreement is signed.

We also require the replenishment of that retainer each month, and as the retainer is used up, including the payment of any net bill spent above the retainer, if the retainer is not replenished every week and is replenished at the end of the month when the invoices print. This replenishment of retainer will be required each month that we represent you, or until the case is completed.

Our firm has offices located in Dallas, Texas and Tucson, Arizona.

Please let me know if we can be of assistance to you. Thank you.

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Answered on 11/06/14, 12:55 am


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