Legal Question in Family Law in Texas

Stay at home mom divorce help

I've been a stay-at-home mom for 3 years, and have lived with my husband in TX for 5 years. I am thinking of divorce, and desperately want to return with my child to my home state of FL where my family & friends are. I have very little income, and nothing that is ''ours'' is in my name. What am I entitled to & what first steps should I take? Can I take my kid back to our original home state?

Asked on 6/23/09, 11:39 am

1 Answer from Attorneys

Theresa Langford Langford Law Firm

Re: Stay at home mom divorce help

Since there are no court orders in effect, you are not prevented from leaving the state with your child. HOWEVER, residency requirements in Florida might prevent you from filing immediately, and he could well file in Texas, and force you to return with the child to deal with the matter legally in Texas.

You may have very little money, but may be able, with your family's help, be able to resolve this in an amicable way.

Courts are loathe to separate a child from its father, when a father wants to continue a relationship. These are difficult choices, but it may not be possible for you to leave the state with your child.

You need to at least spend a consultation fee to discuss your situation in detail with a family lawyer.

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Answered on 6/23/09, 6:15 pm

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