Legal Question in Family Law in Texas
I currently reside in Texas and my spouse resides in Tennessee. He has been seperated from his wife but they never filed for divorce. He wants to relocate to Texas now that his job has presented him with the opportunity. He wants to file for divorce and get a fair custody agreement with their mother. We understand that since we live in a different state than her, we would probably only get summers and holidays. Does he need to file for divorce/custody before he leaves Tennessee or can he do that once he gets to Texas? We want to give him the best opportunity to obtain a fair share of time with the children. He is concerned that since he will be moving to a different state, he will lose complete custody of his children. Is this true? What steps should we take to make this as fair and easy as possible?
2 Answers from Attorneys
Regardless of when he files, he will need to file in Tennessee and get a Tennessee lawyer, since that is where the children live, and where residency has been established. Since he is being realistic regarding conservatorship, his attorney should be able to establish a fair arrangement and settlement. He will need to consider rights and duties as well as travel arrangements regarding visitation. Even though he will live a significant distance, he should be able to arrange more visitation than just summers and holidays, particularly if he is willing to travel to Tennessee. (Just a note, you called him your spouse, but you are not married until after he is divorced).
I absolutely agree with Theresa Langford.
Tennessee is where the divorce needs to be filed since that is where the children live. Texas has no jurisdiction over the children. If he moves here, he would need to live here 6 months before filing the divorce but since the children have never lived here it is not the place to file the divorce.
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