Q: There are not custody papers in place can I take my child to out of state without it being chil abduction?
I recently moved out of state. I wanted my son to come visit me. There are no current child custody or child support court order in place. I was going to take him with me when he finished school for this year. If my son wants to come back then I will send him back but he wants to live with me. What do I do?
A:
If there is no court order regarding child custody, than as the father of the child, you have equal rights to the child's welfare just as much as the mother of the child. Its just as if the mother of the child took the child and moved to another state. Unless there is a court order regarding child custody, than she would be able to legally do so.
Consult with your ex spouse to make sure she doesn't raise an issue. She could file for child custody here in Texas if the child has been residing here for the last 6 months. If so, you would have to litigate the child custody matter here in Texas which would be financially burdensome to you.
A:
If there is no court order regarding child custody, than as the father of the child, you have equal rights to the child's welfare just as much as the mother of the child. Its just as if the mother of the child took the child and moved to another state. Unless there is a court order regarding child custody, than she would be able to legally do so.
Consult with your ex spouse to make sure she doesn't raise an issue. She could file for child custody here in Texas if the child has been residing here for the last 6 months. If so, you would have to litigate the child custody matter here in Texas which would be financially burdensome to you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
