Legal Question in Family Law in Texas

Married leaving state

My husband left me with sole responsibility for our minor child after christmas. He has had very little contact and is not supporting our baby that is 1 years old financialy or physically seeing her on a regular basis. He does not work as of current and is taking a job in New Mexico for at least three months. We are facing forclosure and I have no family here. There are no papers filed for dissolution or temporary custody or support. No restraining orders of any type. I have two other children from my prior marriage and am not bound to stay in state with them. Can I move to Missouri with my mother without facing expedition or criminal charges for kidnapping? I have no intentions on returning to texas and have not nor would I deny access to the child by the father. If I do is there a statue of time binding me of when to inform the father where I am?


Asked on 3/20/09, 2:51 pm

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

Re: Married leaving state

Ok, it sounds like you are still married and no one has filed for divorce. If that is NOT correct, then ignore this answer!

I hope you can understand my answer. It is complicated and complex. I tried to simplify it but it might confuse you more than help you. Sorry!

Sometimes a face-to-face meeting is easier than email.

You can move to Missouri with the kids. If your husband moves to New Mexico, he will need to be there long enough to establish his new residency. Since I only practice law in TX, I don't know NM's laws on how long that will take.

You can move to Missouri and establish your own residency. Again, I don't know how long that will take. Talk to a Missouri attorney for that information.

Once you are a Missouri resident, then file for divorce.

Once you both leave TEXAS then Texas is no longer where you should file the divorce.

In summary, there might be a period of time when no state has jurisdiction over you and the kid. It's rare but it does happen.

If there are no court orders you can't be arrested for kidnapping. Unless, your husband convinces the enforcement agency differently. I never try to guess what a law enforcement agency might do!

I highly recommend that you meet in person with an attorney to discuss your case to be sure you understand your rights.

I highly recommend PATRICIA BUSHMAN on this website. Pl. tell her that FRAN sent you.

Or, you can come see me for $100 for an hour.

Good luck!

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Answered on 3/20/09, 3:42 pm


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