Can my daughter and I move out-of-state without getting into trouble?

UPDATED: Jan 11, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jan 11, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can my daughter and I move out-of-state without getting into trouble?

My husband and I been separated for over 2 years he does not pay child support nor put in effort to see our daughter. I recently got offered a job in FL. Can my daughter and I leave for a year without any legal trouble?

Asked on January 11, 2011 under Family Law, Texas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Do you have a legal separation or some sort of existing custody agreement.  if so , then that will control this situation  If an out-of-state move is not addressed in any existing documentation then you will have to go back to court to straighten out this situation (if you and your spouse cannot reach an agreement).

However, if there is no court order in affect, you can take your child out-of-state.  But, your husband could go to court in TX and obtain an order which will require you to return.  If you don't comply with the order (ie come back to TX), you can be charged with parental kidnapping.  The best way for you to obtain legal custody is for you to go to court first.  If you get a temporary custody order from the court (a permanent order will be issued at such time as a divorce is filed and finalized).  In deciding whether or not you can then move out-of-state, the court will consider "the bests interests of the child" in making its determination.  

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption