Legal Question in Family Law in Texas

Child Custody

I am separating from my husband that I have only been married to since Sept '08. We have a son together who is one years old. I just moved to TX 6 weeks ago to join my husband who was already living there for approximately one month. If I move back to MI, can he file kidnapping charges?


Asked on 11/03/08, 4:47 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Child Custody

If there are no court orders in place, you are the child's mother, and there are no court orders to violate. You cannot kidnap your own child, when there are no pending orders.

HOWEVER, if you beats you to the courthouse, he might be able to force you to return with the child. You should act quickly, but before moving, you should consult with a MI lawyer to find out if you could file in MI immediately upon arrival. If not, you should consult with a TX attorney to determine your options if you filed here.

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Answered on 11/03/08, 6:41 pm


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