Legal Question in Family Law in Texas

Re: Would like to leave state of Tx w/infant

That must be a very difficult situation for you to be in.

In general, it is not a good idea to take a child out of state without the consent of the other parent. Moving out of state could be construed by the court as an interference with the father's rights to possession(custody).

If the father will consent to your moving with your child, you can certainly take the child, but it would be best to get that from him in writing so that he cannot later accuse you of abducting the child.

If there is any physical abuse or threats of violence you should get to a shelter immediately. There is one in Tarrant County.

Domestic violence would also be grounds for leaving the state to be with your family. It is possible that you could get a protective order and permission from the court to do so almost immediately in an emergency hearing before a judge.

Then you would need a second hearing on temporary orders that would occur within 14 days and your husband would have the right to attend with his attorney. At that hearing, you can make your case to the judge that your support system is out of state and that it is in the child's best interest for you to stay in the other state.

If there is no abuse, but you feel that you just cannot tolerate the situation any longer you can still apply for a temporary order giving you the right to leave the state. It would be up to the judge to decide.

You would be wise to get an attorney for the hearings. If you cannot afford an attorney, please contact Legal Aid of Northwest Texas and they will help. If there is violence however, just get to the shelter right away.