Legal Question in Family Law in Texas
Mother's rights to keep children in state
My mother has two small ''late in life'' children from her second marriage to my step father.Their marriage has never been good(he is somewhat psychotic)but she stays w/him.He is nearing retirement and has told her that he wants to retire in Arkansas and is using a separate inheritance fund of his to make arrangements to move forward with this against her will.He has starting making plans to purchase real estate and has told her that she can either come or not but he will take the children with him.The children are ages 6 and 8 and are homeschooled-they were born in Texas and have lived here all their lives.My mother has been a stay at home mom for 28 yrs.She has a bachelors degree but has not been employed outside the home for all this time.She is worried that he will a)take them by force or b)take them under disguise of a week long trip and then not bring them back.She also plans to divorce him if he does indeed go through with his plans but also worries about him making her look bad in court as far as her ability to provide a living for them and herself.Please advise on what rights she has regarding all this and how you think the courts would look at custody for this situation.Also, is there a legal hotline she can can call?
1 Answer from Attorneys
Re: Mother's rights to keep children in state
Your mother desperately needs to consult a family law attorney now in the county she lives in. She needs to be "armed" with correct information.
You have asked a series of complex questions that are not easily answered in an email.
She needs to file for divorce while she can locate him. If he disappears, it will be a very expensive divorce.
Also, the children need to be residing in the county where the divorce is filed.
For example, if the kids go out of state for more than 6 months then Texas loses jurisdiction over them and they would then be considered residents of whatever state they were living in.
Please have her consult an attorney now.
Good luck!
Fran Brochstein
www.familylaw4u.com
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