If I’m currently married but decide to move out of state and the kids want to go with me, can I move without permission from my spouse?

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If I’m currently married but decide to move out of state and the kids want to go with me, can I move without permission from my spouse?

Can I move to another state and not get in trouble. However, I would let my spouse know where the kids would be and she could contact them anytime she wanted.

Asked on November 29, 2012 under Family Law, Texas

Answers:

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

Answered 9 years ago | Contributor

Until there is a court order in place that says that you cannot move with the children or you don't have the exclusive right to determine the residence of the children, then you can leave the state with the children without her consent.  Her remedy would be to file a custody suit to restrict your movement with the children-- but until that's done, you are free to move.


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