Legal Question in Family Law in Texas

I have been married for 15 years and we have 4 children. The situation is starting to get a little violent and I am starting to fear for mine and my children's safety. I currently live in Texas. Is it okay if I leave with children and move to Kansas with family?


Asked on 3/08/12, 11:05 am

1 Answer from Attorneys

Jeffrey Brashear The Brashear Law Firm, PLLC

Based on what you have written, it appears that you may be seeking a divorce. Texas requires six months in state and ninety days in county for a Texas Court to have jurisidiction over a divorce case. As such, it appears that you meet those qualifications currently. If you relocate to Kansas prior to proceeding forward with a divorce petition in Texas, a Kansas court may not jurisdiction to proceed forward with a divorce. If there are issues of family violence, that may be addressed in your petition for divorce. You should consider consulting with a local law firm to ensure that your and your childrens rights and interests are fully protected. You may find more information at the firm's website http://www.thebrashearlawfirm.com or call 281-994-4034. There are questions which you will need to be thinking about prior to filing any divorce action in Texas. First, how will you and your spouse divide up the community property and debts? Second, who will have primary custody of the children? Third, how will you and your spouse deal with visitation of the children? Fourth, who will be paying child support? Fifth, is either you or your spouse entitled to spousal maintenance? Sixth, what type of violence is ocurring in the home? Seventh, is the violence towards the children? These are just a few of the questions to be asked about your current situation.

The above response given is not intended to create, nor does it create an on-going duty to respond to questions. Additionally, the response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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Answered on 3/08/12, 11:46 am


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