Legal Question in Family Law in Texas

Can I take my children over state lines before I divorce my husband?

I currently live in Texas. I am not from here and don't have any family here. My husband is turning into a abuser and I would like to take my kids and leave back to where I am from. Can they charge with with anything if I leave and take my children back to Oregon where I have family. I have not taken any steps yet there is no rulings or anything that says I can't I was just making sure they can't charge me with kidnapping or something like that if I take my children out of state. I do plan to divorce him.


Asked on 5/02/09, 11:26 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Can I take my children over state lines before I divorce my husband?

Specifically, under the circumstances you describe, you can leave with your children. Expect a race to the courthouse, however. You should plan to meet with an Oregon attorney immediately, and file immediately (even if it is only a SAPCR). Your husband might win the race to the courthouse, and a family judge may order you to return with the children.

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Answered on 5/05/09, 11:12 am


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