Legal Question in Family Law in Texas

I think you asked this on www.avvo.com.

You need to talk to an attorney before leaving Texas. If you move to Florida, your husband can file for divorce in Texas and have you served in Florida. A Texas judge will hold a hearing in Texas and if you don't appear, then your husband will automatically win custody of your child. If you appear, I suspect that the child will be ordered back to Texas.

I don't know what county you live in so I cannot guarantee what the judge will do. Therefore, before leaving Texas I would talk to a local attorney and find out how the judge might rule in your county. There is no reason to incur the expense of moving if the judge will just order your child to move back.

Let me be clear, YOU are free to live wherever you want...but your child is a Texas resident and the child might be required to remain in the State of Texas. I assume that would want to retain custody -- therefore, you would want to return to the State of Texas. I hope this information is helpful.

Many times a parent is able to negotiate leaving the State of Texas by agreeing to pay all the transportation costs of travel for the child or reducing child support or any other creative solutions in order to get the other parent to agree to allow the child to leave Texas.