I am going to leave my husband. We live in TX, and I will be unable to support myself and the kids here since I am a stay at home mom. I will need to go back to MA where I have family that can help. What are the laws about crossing state lines with children? Is that just in the movies, or is it for real? Where can I find out information on this? He is not a citizen either, so what kind of parental rights does he have? Will I be able to collect alimony or child support because of his status? he is here legally and has a full time job.
Thanks for anything you can offer.
2007-04-16 06:19:43 · 12 answers · asked by cowgirlbooksellers 2 in Family & Relationships ➔ Marriage & Divorce
Citizen or not, he has the same parental rights and obligations as anyone else. But regarding alimony (which is called 'maintenance' in TX), in the state TX, if you haven’t been married at least 10 years, you don’t qualify for alimony.
Until there is a custody order in place, you can take the kids anywhere you want and it’s not technically illegal (he can do the same) provided that you’re not attempting to hide the children from him. But, if you leave the state, all he has to do is request that a judge issue an order requiring you to return the children to the state. If he requests it, it will likely be issued, and then you’ll have to return them (you can stay in MA, but the kids will have to go back to TX). AND when you do go to court over custody, the fact that you took the children out of state without Dad’s permission is likely going to work against you. It would not be a smart thing to do.
Talk to a local attorney for advice.
2007-04-16 07:00:12 · answer #1 · answered by kp 7 · 1⤊ 0⤋
Every divorce comes with a court ordered list of conditions that must be followed.. He may ask for visitation.. You may ask for child support.. The court will decide what the most practical solution will be based on all the information that is presented at the time of the divorce. It ends up being a compromise of demands. There is no simple answer. And, yes.. leaving the state with kids is illegal if you have to break a court order to do so. So, having that ability (or option) is something you would want to have written into the divorce agreement.
If you do end up moving out of state.. look into this program at the link. It is designed to give families new to the state a fresh start... and there is a lot of useful information there that will help you understand your situation a little better.
It is a difficult situation. Good luck with it :)
http://www.mass.gov/?pageID=eohhs2constituent&L=2&L0=Home&L1=Consumer&sid=Eeohhs2
2007-04-16 06:51:06 · answer #2 · answered by lost_but_not_hopeless 5 · 1⤊ 0⤋
Time for you to go to Family Court and apply for child support for your children. You can not cross state lines without permission from the other parent BUT this needs to be on paper in Family Court.
If you don't have money, there is always "legal aid" to help you with your divorce. Alimony is not always given to the spouse, but at times it is for short amount of time. This is why you need a lawyer.
First get to Family Court to get the ball rolling for child support, then you can work on your divorce.
Even though your husband is not a citizen, he has all the rights of a parent to the children.
2007-04-16 06:26:55 · answer #3 · answered by Patty G 5 · 2⤊ 1⤋
I did the same. I left fl. wet to NY. I had to consult an attorney. I had to send them back because they are considered residents of fl. I could have been charged with kidnapping. I didn't know. You really need to speak with an attorney about this but don't leave the state. You might be able to find an attorney that does pro bono work. Good Luck to you.
2007-04-16 06:28:31 · answer #4 · answered by Anonymous · 0⤊ 0⤋
NO! YOU CAN NOT TAKE THE CHILDREN OUT OF TEXAS WITHOUT A COURT ORDER. THAT IS CALLED PARENTAL INTERFERENCE!!
If your husband consents to your move, get it in writing!!!
Hire an attorney NOW! Before you end up doing something that is going to get you into major trouble!
2007-04-16 06:27:30 · answer #5 · answered by Starla_C 7 · 0⤊ 1⤋
If you do not have legal custody of the children you can not go any place with them. It would be kidnapping if you do. That would give the father a chance to get full custody. Seek legal advice. Do not act in haste.
2007-04-16 06:25:18 · answer #6 · answered by JAN 7 · 1⤊ 1⤋
you could be brought up on charges for taking your own children out of state , you need a lawyer to get custody, unless you have him deported but he can fight for custody rights ! don't risk being put in Jail , your married to him so he has full parental rights citizen or not !!
2007-04-16 06:26:44 · answer #7 · answered by Anonymous · 0⤊ 2⤋
well first of all you should check out the laws in your state that pertain to this matter. You should also try and get a lawyer
2007-04-16 07:29:17 · answer #8 · answered by Anonymous · 0⤊ 1⤋
Consult your attorney. Why would you ask such an important legal question of people who have no legal training?
2007-04-16 10:49:39 · answer #9 · answered by D 6 · 0⤊ 1⤋
Gee ! I think you need to ask your husband that question.
Most Texas men I know would not like that idea at all~~Jill
2007-04-16 06:38:54 · answer #10 · answered by Jill ❤'s U.S.A 7 · 0⤊ 2⤋