I am getting married in June and will be moving where ever my fiancé' will be doing is residency along with my 5 year old son. We will live there for 3-5 years depending what he specializes in. And will be moving back to our home town afterwards. The father of my son who I have never filed for child support and have never taken him to court now wants to get a lawyer and have papers drawn up so I can not leave the city with him. Can the state of Texas really tell me that my son and I can't leave the city with my husband??
2007-01-26 06:23:18 · 16 answers · asked by Melissa 1 in Family & Relationships ➔ Marriage & Divorce
ABSOLUTELY!
I'm here in TX and have actually had to deal with this issue personally. He CAN stop you.
If you leave this state you can be arrested for kidnapping.
But maybe...you should mention to him just how much money he owes on back child support, and threaten to start collecting. He may back down. Sounds like a loser.
2007-01-26 06:57:17 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Its extremely possible.. here in the state of Florida.. a non-custodial parent can protest a move that is more then an hour away..and the custodial parent has to prove beyond any doubt that the move is in the best interest of the child, beyond having a normal relationship with their non-custodial parent..
If u have a stable job, and a support system where u are right now.. the judge is more then likely not going to care that ur fiance needs to move cause of his job , not even when he's ur husband why??? because the well being of your child has little to do with him and everything to do with u and your x husband.. so if u have a stable job, and have made it fine to this point, u may have a fight on ur hands..
State of Wyoming.. the non-custodial can have it to where the custodial can not move out of the state till the child is 18 years of age..
So id definately talk to a lawyer and find out before u do anything..
2007-01-26 06:41:43 · answer #2 · answered by brwneyedgrl 7 · 0⤊ 0⤋
Well first of all if you were never married to your child's father and there has been no court orders set in then you can take your child wherever you would like. I'm not positive about Texas law but in Oklahoma divorced couples w/ children must provide the other parent with written notice at least two weeks before the move. You must provide him w/ the address, telephone, number and the name of the school that the child will attend. Both of you need to get together and decide what type of visitation you want him to have. If he does hire an attorney they will pretty much file in court and have you go to a visitation hearing.
2007-01-26 06:34:54 · answer #3 · answered by krystyle7 1 · 1⤊ 0⤋
YES THEY CAN! Trust me, I know first hand. My initial divorce decree said that I couldn't even leave the county of was living in, but I had it changed to say that I could live in that county and the ones surrounding it, however I can not leave the state. It is completely up to the judge in your case, not up to you or your ex. If your ex makes a good enough arguement that you moving would make it almost impossible for him to have a relationship with his child, then a judge may very well take his opinion into consideration and not allow you to leave the state.
It happens all the time in Texas. Best thing you can do is, have all the evidence that you can showing his lack of interest, past history, etc. That way, the judge may be more likely to allow you to move out of state. He still may make you meet your ex halfway, or pay for half of the plane ticket to fly your son to him, or make you two take turns flying your son back and forth. In Texas, you never know what a judge will decide. I have seen it time and time again down here.
2007-01-26 06:39:20 · answer #4 · answered by LittleMermaid 5 · 0⤊ 0⤋
Well I'm not a lawyer, but if you were taking my child out of state, you would have a fight on your hands. Ask yourself a few questions. First, does he see the child regularly, spend time or just pay support. A lot depends on the relationship the child and father have. If he doesn't see the child or spend time with it, then maybe he would sign over full custody. Believe it or not, I was in the same deal as your ex a few years ago. My daughter and I were close, she stayed with me more than her mother. And she took her and left state. I fought and won my case, so my wife told me she would sign over full custody as long as she didn't have to pay child support. Make him an offer. Maybe he will let you go. See if the new husband will adopt. But don't just run without him knowing, unless he is well dirt, wife beater, child abuser. You know what I mean. You would not like it if he did it to you would you?
2016-03-29 03:44:12 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Yes the Texas can. You need to get a attorney right away and start filing the necessary paperwork to make your move legitimate. Get the law on your side by doing the right thing.
If the father of your son has not established paternity legally, that may be a whole seperate issue and may make things much simpler for you.
Talk to an attorney- that way you know you have dotted all your I's and crossed your T's.
2007-01-26 07:12:05 · answer #6 · answered by swanser 3 · 0⤊ 0⤋
Yes they can unless you give them reason why keeping your son in the state just for his father is a bad idea. If he sees your son regularly and still pays no support, that is your fault for not pursuing and will have nothing to do with the courts decision. They do what is best for the child and keeping him in close contact with both parents is what they want. If he is getting an attorney, I suggest you get one too and just prepare to not go anywhere.
2007-01-26 06:42:01 · answer #7 · answered by Anonymous · 0⤊ 0⤋
They cannot make you stay, BUT you could be ordered by the court to pay for all expenses to deliver you child for visitation. There is nothing you can do to stop the guy, you can only hope that he cannot afford to pay for all that, it will cost him a bundle.
Don't act afraid, try to get the court to make your son's birth father pay for your lawyer, you need one!!
I am so sorry that you are going through this, it should be a happy time for you, with your new beginning.
2007-01-26 06:40:11 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Possibly. I know that some states prohibit moving a child's residence out of state without written consent of the other parent or a court order allowing it. Consult a lawyer ASAP.
2007-01-26 06:34:04 · answer #9 · answered by Anonymous · 1⤊ 0⤋
YES YES YES It is entirely possible. Many states and the presiding judges therein will rule [and have done so] that the child cannot be taken out of state if it will create and undue visitation hardship on the other parent....You need to get a lawyer to advise you ASAP
2007-01-26 06:37:33 · answer #10 · answered by sage seeker 7 · 1⤊ 0⤋