Legal Question in Family Law in Texas

Re: Law pertaining to unmarried parent leaving state with child

Hello --

It is clear in Texas that your daughter has full rights to determine residence of the child, absent a court order to the contrary. She can move to California or out of country if she so desires. The only issue that would arise could be in a later custody battle from the father. He could use such an act to argue that the mother is hiding the child from him, trying to run with the child, or is feeling afraid that a Court would take the child away. Such arguments may not hold much weight, but if a custody war is coming, you would want the father to have as few options at success as possible.

Currently, if a custody battle were to be waged, the only state that would have jurisdiction would be Texas. If she moves to California, six months would have to pass of continuous residence with the child at one location; before a court there could act. Here, her legal options are: filing for managing conservatorship of the child (she could include a common law divorce if she believes she meets the common law marriage definition) or she could seek termination of the father's parental rights (which would include the support obligation). The first, of course, is more common and less difficult to prosecute. For her own protection, she could seek implementation of a protective order, ex parte (no notice or hearing for the father) temporary restraining order or temporary orders for her protection after notice and hearing to the father. Obviously, there are options available which should be explored and discussed with competent representation.

I hope this provides an answer to your question. If you have further questions or wish to consult with me about this or any other matter, please feel free to e-mail me at: [email protected] or phone 254.756.5004 Thanks and all the best.

Joshua Wintters

Attorney at Law

Re: Law pertaining to unmarried parent leaving state with child

Please encourage your daughter to go to a shelter for battered women. She will be safe there and will be able to access a variety of services. No one enjoys being at a shelter but she and her child will be safe.

To answer your question. Generally speaking, if no court has ordered to stay put with her child, then she is free to live where she would like.

If she is in doubt about the legalities of her actions, she needs to talk to an attorney to discuss her individual set of circumstances.

If she lives in the Houston area, she can call me to discuss the details of her case at 713-847-6000. You have not given me enough information to discuss the specifics of the case.

Be sure to have her say that she found me on lawguru.com.

Best of luck to you all!