My husband threatened to call the police if I move to another state with the kids. What are my rights?

UPDATED: Apr 12, 2009

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My husband threatened to call the police if I move to another state with the kids. What are my rights?

My husband and I are moving from Texas to Las Vegas to start a new job in July. I want to take the kids in April, to get everything set up before he arrives in July. Surprise, he tells me that if I take the kids from him, he will call the cops because I am kidnapping them. Can he do that? Can’t I just take the kids early?

Asked on April 12, 2009 under Family Law, Texas


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I am assuming you are married and living with him? I..e, not divorcing or separated and no court orders in place? You have every right to take the kids with you but bear in mind, that may not stop him from taking action to so prevent you.

Sounds like he is simply upset about the move.  Trying talking to him first.  Then check out Texas law on such issues.  It may help for you to at least consult with a child custody attorney in your state.  Try Texas state bar or


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