Legal Question in Family Law in Texas

I'm still married to my husband but I want to leave him and move me and my daughter 500 miles away. Can I legally do that before filing for divorce?


Asked on 8/23/13, 3:18 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Your question brings up a lot more questions - I will try to answer.

However, my answer will probably not answer all of your questions.

So here goes...

You can try, but...

If you move, he can file for divorce immediately and ask for temporary orders. He can then serve you with the divorce papers and ask a judge to ORDER the child to move back. You can live wherever you want. However, I assume that your husband wants the child close by. I assume that the father is not going to be happy with the child being 500 miles away. Many Texas judges won't be happy with the child being that far away either.

Can the judge order the child to move back? Simple answer, yes.

If you don't move back, then dad will get primary custody. If you want primary custody, then you will have to move back to 78411 to live.

So, you might want to talk to an experienced family law attorney in 78411 before you spend your money and move. Otherwise, the money to move might be wasted.

You cannot file for divorce in another state for 6 months. You cannot file in another county for 90 days. So your husband controls you for a minimum of 90 days in the county that you live in currently. He might control you for 6 months if you are moving outside of Texas.

I hope this answers some of your questions.

PLEASE TALK TO AN ATTORNEY IMMEDIATELY!

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Answered on 8/24/13, 12:54 am


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