Legal Question in Family Law in Texas

The quick answer is yes.

However, he can file a divorce here and ask a court to order the child back to Texas.

If she does not appear in Court, he will automatically win custody and she will lose.

Even if she does appear with an attorney, usually the judge will order the child back to Texas because the child is currently a TX resident for 6 months.

If she moves, she can file for divorce after a waiting period in the new state. She will need to talk to an attorney in the new state & find out how long a wait that is. Each state is different. She can serve him. She will need an attorney. She must pray that he does not file in TX during her waiting period.

So, before she moves, she might want to talk to a family law attorney about her options. It might be a big waste of money to move then find out that she needs to move back.

I recommend attorney Patricia Bushman at 713-807-9405. I rent space in her office. Tell her that I sent you. Her first appointment is FREE. She is a tough, smart attorney.

If you are talking about only going on a short trip, the answer is sure. No problem. Just don't have the kid miss school unexcused. That is never a good idea.