Legal Question in Family Law in Texas
Legal Trouble?
our son, girlfriend and their 2 children moved to TX from AZ last year,she has family there. they have now split up and he wishes to move back to AZ, where his family is. the girlfriend has stated that if he goes he cannot take the children. there is no custody or visitation(on paper). currenty she has the kids during the day, he takes them each night. if he packes up and comes back home to AZ with his kids against her wishes will he run into legal issues in TX? the kids were born here in AZ.
1 Answer from Attorneys
Re: Legal Trouble?
He is taking a risk that outweighs the outcome.
Although there are no current court orders from a Texas court prohibiting him from doing what you suggest, the fact is that all four of them have established Texas residency, and she will beat him to the courthouse. When she does, the court will require that he return the children, and his run will be evidence detrimental to him in court. He needs to get a Texas lawyer.