Legal Question in Family Law in Texas

Re: My wife took my 3 year old son over state lines w/o discussing with me.

Looks like your wife is going home to NY to file for divorce. this will require you to contest the divorce in NY at corresponding expese. If you want to preempt her efforts, see a lawyer about filing for divorce in TX. ggod luck.

Re: My wife took my 3 year old son over state lines w/o discussing with me.

I don't think the previous answer addressed the question. I don't practice family law, and I am not licensed to practice in Texas. The only reason I am chiming in is that I feel bad for your situation, that you feel lost, and the other attorney just told you to start a divorce battle. Very insensitive and unresponsive, in my opinion.

What you wanted to know is can your wife take your son without your permission. To my limited knowledge, a parent may take their child wherever they please as long as there is not a court order prohibiting them from doing so. Such orders would be issued in a divorce proceeding.

Perhaps she has just gone to her parent's house for a while to get a break or to gain some perspective, and she will be back. You are already doing the right thing by seeking counseling.

You should probably go ahead and consult with a divorce attorney to make sure you protect your rights and know what your options are if your wife decides not to come back. I wish you the best.

Re: My wife took my 3 year old son over state lines w/o discussing with me.

In Texas, there is no prohibition for a parent to travel with their children unless there is a court order that restricts traveling. I agree with Ms. Grosse, perhaps your wife is reflecting on the situation and needs some wisdom from her parents.

On the other hand, you have to remember that if your wife stays in New York for a while, New York could obtain jurisdiction over your son, and then you may have to fight there. I believe that's what Mr. Grissom was trying express; to raise your awareness of this fact.

You know your wife better than any one of us. You need to use your judgment. May God give you the wisdom to do the right thing.