Legal Question in Family Law in Texas
Seperation - custody laws.
My husband is moving out and we are going through a seperation. For now he is staying at our house during the week and at his apt with his girlfriend during the weekends. For now that is - later he will be moving out compeletly.
He wants to take our 30 month old on vacation out of state without my permision. I told him he cant take her with out me going with them. He doesnt want me to go so I said no he does not have my consent.
Can he take her on trips without my permision? Or is it considered kidnapping?
I should note our daughter has Special Needs (Mild Autism)
1 Answer from Attorneys
Re: Separation - custody laws.
Both parents have the right to take the child on vacation.
The way to gain control of the situation is to file for divorce or for custody and simultaneously file temporary orders. The temp orders can specify that neither parent may take the child out of state.
Violation of the temporary orders would give you a cause of action for contempt.
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