Legal Question in Family Law in Texas

Hi,

I Live in Texas and I am a Mom with a 2 year old child, I am needing to leave my husband, for emotinal abuse, as well as him having some controlling issues. I am a stay at home mom with NO JOB, with no real place to go EXEPT my family in Seattle

husband goes back and forth, One moment he is demaning I leave with the baby soon as possible that he will sign over his rights just to have me out of his life forever. Then the next day he changes his mind and says If i move more than a certian distance ( he never says how far) he will press kidnap charges on me and fight for full custody, he even admits to me he will lie so he can gain custody. He also tells me he refuses to pay child supposrt and if i win custody he will sign his rights over BEfore he pays me a dime in supprt.

He treatens to hit me often but has yet to hit, he trys and often succeds to control every aspect of my life. and when i step up and argue back he again threatens to "bash my teeth in" even though he has not been physical yet.

My family lives in Seattle and I am wishing to pack my bags and leave and live there With our child Just untill I can get on my feet,I will find a way to deal with a divorce while I am there. I do plan on moving back to texas once I am on my feet.

My question is, Can I Move to Washington with our daughter even though there is not a divorce yet? Can he Press kidnap charges? and can he threatn me by telling me he refuses to pay child supprt?

Please help all you can.

OH yea one more question where can I Find Free or income based legal aid?

Thank You

Worried Texas Momma


Asked on 11/08/10, 12:03 pm

2 Answers from Attorneys
Mark Dunn Mark D. Dunn

You don't need his permission to leave the state. And I suggest that you do it NOW.

Get your family to help you with the legal bills.

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Answered on 11/14/10, 3:03 pm
Fran Brochstein Attorney & Mediator

He cannot file kidnapping charges against you.

He can threaten you all day long.

These sorts of threats are very common.

The family court judges are used to hearing them.

If you want to let someone listen to his yelling at you via the phone, that person could testify in court to what he was saying.

If possible, you need to document what he is doing.

A witness can testify to anything that that person has personally heard, seen, tasted, touched, etc.

You need to go into counseling and quit allowing this man to abuse you.

You need to leave this abusive situation and start a new, healthy life with your child.

There are shelters in Houston.

There is Aid to Victims of Domestic Abuse.

They have a website.

You desperaly need help.

Your story is very common.

There are many websites for abused women.

You are truly an abused woman.

You fit the classic profile.

It has been going on for so long that you don't even recognize it.

You need to be very careful.

If he thinks that you are really going to leave, he might try to kill you.

Please be very careful.

I will pray for your safety.

Please leave this man.

Once you leave, if he tries to get you to come home PLEASE don't meet with him alone or go back to him -- that is when he will try to kill you! Please be strong for your baby.

PLEASE SEEK OUT HELP NOW!

Call your family and tell them what is happening. Hopefully they have the money to rescue you.

You truly need to be saved from this very dangerous situation.

This man could (and will eventually) kill you and the baby.

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Answered on 11/15/10, 4:37 pm


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