Legal Question in Family Law in Texas
My husband and i are divorced but currently living together until i move to colorado in a couple of weeks.
We both have sole physical custody of our son with no scheduled visitation or court ordered child support. We plan our own visits each getting about the same time with our son.
When i leave for Colorado, I would like to take my son with me, my ex husband says that if i take him with me, he will have me put in jail for kidnapping. He also says that he will take me back to court and sue me for all the money he spent on me even when we were married. Can he do this?
1 Answer from Attorneys
I assume that this is a TEXAS divorce decree.
What (if anything) does it say about a geographic restriction? What (if anything) does it say about who has the right to determine the child's residence? This makes a huge difference.
It's very unlikely that your husband could nail you for "kidnapping" if you move to Colorado with your son ("kidnapping" is a word that angry parents love to use).
As for suing you for money, that's ridiculous.
I assume that the order has no provision for what happens if one party moves out of state. My guess is that if you leave with the child, your husband will file a motion for modification of the order, and the "fight" will thereafter be in Texas, not in Illinois. You might want to file first, and ask for temporary orders.
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