Legal Question in Family Law in Texas

My girlfriend moved in with me into my home about 5 years ago with her 3 children. She became pregnant and we now have twin girls who are age 4. Recently she moved out of our home and took everything in it including my possessions, etc.
She will not let me know where she has moved to or will she let me see my twins. I've called her several times and she would not even let me talk to them on the phone. During Christmas she went to Florida to her relatives. I presently live here in TX. Can she legally take them off with her out of State?
She has been on welfare and filing single head of household to receive all gov. benefits. During the time we lived together and I had my income.
Are we considered common law married in TX and do we have to get a divorce? Is it legal for her to leave and not let me know where my children are?
I feel alone and abandoned and now I believe she is trying to file so that I will have to pay child support.
She also has made incorrect police reports about me pertaining to family violence, etc. causing me to have financial difficulties with the attorney fees.
She is presently working to my knowledge and has all 5 children with her. I am being denied my rights as a father to my own 2 girls.
Please send me the legal advise that would help my situation.
Respectfully Submitted,
Steve

Asked on 12/31/09, 6:49 am

2 Answers from Attorneys

TC Langford Langford Law Office

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You are in a race to the courthouse, and you need to file in Texas, before Florida assumes jurisdiction. It will then get far more expensive. If you have enough facts to establish the informal marriage, then you would file for divorce. If not, then you would file a Suit Affecting Parent-Child Relationship. The facts and details will determine the conservatorship, but the court will probably order the children returned to Texas in the court's jurisdiction.

Answered on 1/06/10, 4:07 pm

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