What to do if my wife has asked for divorce and wants to take our kids to her home state to visit but assures me she will return with them before school starts?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my wife has asked for divorce and wants to take our kids to her home state to visit but assures me she will return with them before school starts?
What can I have her sign or what do I file to make sure she returns kids, as I do not agree for them to be raised in another state? They have grown up here since birth. I want divorce to be friendly and will give her all she wants from the home except full custody
Asked on July 2, 2012 under Family Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Only a court order can really give you some of the assurance that you are seeking. Until there is an order otherwise, both parents have the same rights to the children. This means that she can leave the state without your permission and go file for a divorce in her home state. The only really enforcable document is a court order which prohibits her from either removing them from the state or which requires her to bring them back to Texas so as not to interfere with your visitation schedule/rights.
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.