Legal Question in Family Law in Texas

Re: Can I leave the State?

Based on your question, it does not sound like there is a court of continuing jurisdiction over the minor children. I am basing my answer on that assumption.

If there is no court order saying otherwise, then both parents have equal rights to the children. Therefore, you can go visit your sister and it would not be considered kidnapping.

Please be advised that if you leave Texas it takes a number of months for you to qualify for residency in another state. I have no idea what California's laws are about establishing residency. You would need to talk to a CA attorney. (You need to be a resident to file for divorce.)

Be advised, however, that your husband can file for divorce in Texas while you are gone.

Therefore, it might be best to file in Texas.

You need to be aware that the Texas courts are allowing parents to restrict the residency of the children to the county they are currenting living in and counties around it.

Texas allows limited alimony - usually if you have been married over 10 years - for example.

If you live in the Houston area, please feel free to give me a call at 713-847-6000. Be sure to let me know that you found me on lawguru.com

Season's Greetings!

Re: Can I leave the State?

If you live in Dallas County, there is a domicile restriction imposed on every case. Other North Texas counties have requirements if you leave, like paying all of the travel costs to get the children back to Dad for his visits. I am not sure that a court will be swayed by daycare costs in allowing you to move so far away. You might be able to demonstrate that the actual costs of keeping your children here requires more child support. Alimony is rare and limited. You must not have enough money to meet your minimum reasonable needs. Almost any job that you have will meet this requirement. If you live in North Texas, feel free to give me a call at (972) 481-7990.