Legal Question in Family Law in Texas
Parental kidnapping before divorce.
My husband took my children and moved to Indiana about 3 weeks ago, he says he wants a divorce and is not going to bring the boys back. We had all been in Texas for 6 mo. Is there anything that I can do to get my children back? He left while I was in jail, and I can not leave the the state of Tx due to pending charges. I had no prior knowledge of him leaving. Would that be concidered kidnapping since he crossed state lines? Please help.
2 Answers from Attorneys
Re: Parental kidnapping before divorce.
I don't know if this is kidnapping, but you should call the police or go to the police station if you want to pursue charges. If you want your kids back, you should file for divorce immediately. I don't know Indiana law but in Texas, you cannot file for divorce until you have resided in the State for six months. So most likely he cannot file for divorce. The first to file with proper jurisdiction gets to maintain the suit. If you file for divorce and have him served with papers, he would be forced to return here for a hearing. If he decided not to return for the hearing, you could be awarded custody of the children. You would then need to go to Indiana and use a lawyer there to get the kids. There is a lot of factors that might influence this basic advice, but I have recommended what I can based on your question. Find a lawyer, now.
Re: Parental kidnapping before divorce.
He can not be carged with kidnapping in Texas if
he is a family member. File for divorce quick and
then get him served. I have do many of these types
of case and it is hard and time consuming but if
you are persistant you can win.
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