Garland, TX asked in Family Law for Texas

Q: How can my common law husband file a petition for joint custody which states my child cannot leave the state?

He was arrested the day before for domestic violence....one of many incidents

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1 Lawyer Answer
Shawn H. Smith
Shawn H. Smith
Answered
  • Fort Collins, CO
  • Licensed in Texas

A: He can file a petition asking for whatever he wants, that doesn't mean that the judge will grant it. Joint custody agreements often contain geographical restrictions, but they usualy refer to the child moving outside of an area, not just leaving Texas to visit another place. It sounds like you should probably get an attorney to look this over, particularly if he has a history of violence. Don't try to go in there on your own, especially if he is represented.

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