Legal Question in Family Law in Texas

Can a parent take a child out of state

Can a parent take a child out of the state of Texas to California if they are not yet legaly seperated or divorced, but the parent has filed in Texas. Also can you file for divorce in California if you both were living in Texas or do you have to be a legal California resident or now employed there.


Asked on 10/14/07, 4:18 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Can a parent take a child out of state

If there is no court order, then the filing parent can nonsuit the divorce. The other parent can file a counterpetition and keep the case alive. Once the case is filed and is active, that court has continuing jurisdiction over the child. I do not know what California requires as to establishing residency.

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Answered on 10/19/07, 11:42 am


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