Legal Question in Family Law in Texas

hi my name is victoria salazar and i will like to know more about this ....okay im married for 25 years and i have 5 kids with my husband but the thing is i dont love him any more for reason personals and i want to live some other place but i want to bring my 2 little kids with me my little girl she is 9 yrs old and my boy is 6 yrs old ..what going to happen if i bringing with me is that oka yes o no???? i really appreciated your anwer thanks


Asked on 1/03/11, 1:29 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

If no court has jurisdiction over the minor children (6 and 9 yr old) then you can take them and leave.

However, their father can also take the children and leave and it is totally ok too!

You probably want to meet with an experienced family law attorney and file for divorce and ask for temporary orders so that you have a judge's court order so that you have a legally binding legal document.

Otherwise, you and your husband can grab these kids and run with them and the police, constable or sheriff cannot do anything! Whoever has them is ok since there is no court order.

Feel free to call your local police, constable or sheriff and talk to someone about what they would do. Find out their local policy regarding parents that have not filed for divorce and are thinking about separating. You might be very surprised by their answers! They might not get involved or they might threaten arrest both of you and threaten to call CPS and put the kids in CPS custody -- which you definately don't want CPS involved!

If he grabs them and hides them from you it will be very difficult to try to find them.

Please call a family law attorney in your county immediately. You need to know about divorce in your county. If you aren't going to be with this man, you need to file for divorce.

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Answered on 1/08/11, 1:52 pm


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