Legal Question in Family Law in Texas

Children Moving

A friend that resides in Texas, is pondering divorcing her spouse. Can she legally pack up her children and move them to Tennessee prior to filing for divorce? What pitfalls may she encounter by doing this?

Thank you


Asked on 7/25/01, 2:19 pm

1 Answer from Attorneys

Jean Sudduth Jean Sudduth, Attorney at law

Re: Children Moving

This question is much bigger than you imagine. Every state has its own requirements for residency prior to filing for divorce. If your friend leaves the state with the children, her husband may file for divorce here and the court might compel her to move the children back to Texas. It is not illegal for her to live anywhere she likes but taking the children could cause problems. She should also check out Tennessee divorce laws. I know nothing about them but Tennessee is not a community property state so the laws are probably quite a bit different. She needs to discuss this with an attorney where she currently lives before going forward.

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Answered on 7/27/01, 7:03 pm


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