Legal Question in Family Law in Texas
Divorced in Missouri with Primary Custody, remarried and wants to move to Texas.
My friend remarried one month after her divorce was final and her new husband secured a good job in Texas. Her ex-husband will not give her permission to move and I am at a loss as Texas has no such provisions. If her divorce decree doesn't specify that she has to ask his permission and there is no such state law, shouldn't she drop her lawsuit in Missouri and let him come down to Texas to fight her? She is not in the best of health, pregnant and if she has to move back to Missouri to fight this it will separate this family, endanger her health and possibly cause her new husband to give up a lucrative job to care for his wife in another state.
1 Answer from Attorneys
Re: Divorced in Missouri with Primary Custody, remarried and wants to move to Te
If there is indeed no prohibition in her divorce decree about taking children from the state, and if indeed there is no parental kidnapping law, then there seems to be no legal prohibition against her moving to TX. The ex husband I presume is concerned about visitation, as although your post isn't clear, there must be children involved for the question to arise.
There can be no prohibition against a single adult leaving the state under the circumstances you describe, only the children. An unborn child would qualify.
Dropping the MO suit may not be so easy, as jurisdiction may have attached to the unborn child.
Clearly your friend needs the advice of a qualified domestic relations attorney if she isn't getting these answers from her MO attorney.
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