Legal Question in Family Law in Texas

Is it legal to leave Texas with my children if I fear for the safety of my family? My husband and I have not reached the point where either has filed for divorce yet.


Asked on 3/08/12, 9:58 am

1 Answer from Attorneys

M. Elizabeth Foley The Law Office of M. Elizabeth Foley

It's actually "legal" to leave regardless. As to whether it would be your best move strategically, that's hard to say without knowing all of the facts of the case. You cannot be prosecuted for "kidnapping" your own children as long as there aren't any court orders in effect preventing you from taking them, and you atent trying to take them out of a court's jurisdiction once a case has been filed regarding their custody (though domestic violence may be a defense even there), but there might be a better option out there for you, so I'd strongly encourage you to consult an attorney first. If you can't afford even a consultation fee, some offer free consultations, and if even that doesn't appeal to you, you might contact a local domestic violence group. Houston has a group called "AVDA" that you might try contacting for help. Here's a link for them, and I believe they may offer legal assistance in some situations. Good luck.

http://avda-tx.org/v2/

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Answered on 3/08/12, 7:06 pm


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