Can i move into a different state with my daughter?

UPDATED: Jan 4, 2013

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Can i move into a different state with my daughter?

Her dad said that I cannot take her with me without his permission? We have been together for 6 years, we were never married and she will be 5 years old.

Asked on January 4, 2013 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If there is not a court order in place that says you cannot move to another state, then you can move with your child without his permission.  If he wants to legally restrict your movement, he would need to file a custody suit (called a "suit affecting parent child relationship in Texas) and ask the judge to restrict your movements.  Judges can and sometimes do impose these types of restrictions-- but usually do so on a limited basis -- especially with the need to more parents to relocate for employment in this economy. 

If he tries to physically restrain you from leaving or threatens violence, contact your local law enforcement agency or women's shelter for assistance in getting out of the home and to a safe place.  This would be an example of illegal restraint that he is not authorized to use to keep you from moving.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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