Legal Question in Family Law in Texas

I am pregnant with my husbands child but things are not going smoothly at home and I would like to move out of state, is there anything that could legally prevent me from moving out BEFORE our child is born?


Asked on 9/12/14, 3:46 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

You can leave but he can ask the court to have the child come back to Texas once it is born since I assume that you lived in Texas as a married couple and the child was conceived in Texas. You can return to TX with the child or give him custody. In the alternative, if he does nothing and you are in the new state long enough to meet the new state's residency requirement then you can file to divorce him in that state & ask that the child remain in that state. It's usually 6 months -- but each state can have different laws in this regard. Talk to a family law attorney in the new state to discuss your rights & residency issues. Happy pregnacy.

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Answered on 9/14/14, 10:29 pm


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