Legal Question in Family Law in Texas
leaving my husband with our 11 mo. old daughter - what should I fear?
a) What are his rights to our daughter if I leave (seperation) or if we divorce? (I have been the sole caregiver - he is present daily but only for minutes at a time & provides no care/attention)
a1)Is it legal if I leave without telling him where I'm going?
b) what are typical/ dependable burdens of proof upon myself to deny him visitation?
c) can I leave the county? state? Do I have to have a good reason? or can I just take my baby & go?
1 Answer from Attorneys
Re: leaving my husband with our 11 mo. old daughter - what should I fear?
Be very careful about the decisions you make here, as there could be long-term consequences. As long as there are no court orders in effect, you are not restricted as to where you go with your child. It is cleaner, and less traumatic to resolve these issues prior to leaving. If you and/or your child are being abused in ANY way, you should leave immediately, and THEN contact an attorney to resolve the legal issues. If there is no history of family violence or he does not pose a threat to the child's well-being, it will be difficult to restrict his visitation with the child. These are complex issues, and you should consult with an attorney to address each issue. If you cannot afford an attorney, contact Legal Aid, Catholic Charities or battered women's shelter for a referral to low-cost/free legal assistance. TCL
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