Legal Question in Family Law in Texas

I am currently married and no legal proceedings or documents have been filed by either of us. So if my kids are willing to move to another state with one parent, do I have to have permission from the state or any other legal person to move? I would allow the kids to call there mother and she would also know what state they are in.


Asked on 11/29/12, 2:51 pm

2 Answers from Attorneys

TC Langford Langford Law Office

Until there are court orders, in place, no, you do not need permission. HOWEVER, as soon as you leave, she can file immediately and establish jurisdiction here. It would be before you can establish residency in the new state. Therefore, after the big upheaval, the court would simply require you to bring the children back. Every situation depends upon the individual specific facts of the case. Your situation may warrant it, but you should consider alternatives first, since realistically she could undo whatever you do. A consultation with an attorney to explore your options first might be your best recourse.

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Answered on 11/29/12, 2:57 pm
Fran Brochstein Attorney & Mediator

Theresa Langford have never met but we agreed on answers. You need to have court orders outlining what both parents will do regarding the children. Since it appears that you are a currently a resident of Texas, then file the divorce now and get the orders in place now, since once you move you will need to wait to re-establish your residency in another state.

If nothing else, talk to an attorney now, in person about your options. This website (or any website) is not an appropriate place to seek your legal advice. Seeking divorce answers regarding divorce with minor children is extremely complex and you need to sit down in person with an experienced attorney to discuss this matter. Do it now while you still live in Texas. Once you move to another state, the clock starts tickings and new laws apply. Texas laws are completely different than other state laws.

Good luck!

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Answered on 11/29/12, 6:17 pm


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