What to do if I want to leave the state with my children?

UPDATED: Sep 30, 2022

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What to do if I want to leave the state with my children?

I have been separated for a year and a half but with several failed reconciliations. During our separation my husband has been both physically and emotionally to me on a constant basis. He has been using our kids to hurt me by threatening me that if I

Asked on July 9, 2016 under Family Law, Texas


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

Answered 6 years ago | Contributor

You can move out of state with the children.  You do not need his permission to do so.  It can help you emotionally, physically, and financially to move in with your brother.  If a judge later asks 'why you just left,' you can explain that you needed a safe place to live because of his violent tendencies.  Before you leave, however, get certified copies of all the records which document his behavior--- including copies of the offense report related to his recent arrest for burglary with intent to commit assault.  This will help demonstrate that he is a safety risk to you and your children.  You get copies of the reports by filing open records requests with the arresting agencies.  If he has actual convictions, you can get copies of them by going to the clerk's office.  You want these before you leave so that you will have them handy in your new state if/when you decide to file for divorce there.  This will help reduce the concerns you have about a judge perceiving that you 'just dipped out'.  You will have some actual documentation that your husband is not a good parent, spouse, or person in general.

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 AttorneyPages.com 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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