Houston, TX asked in Family Law and Child Custody for Texas

Q: Hello. Im messaging in reguards to trying to move out of state with my daughter.

I left the father. Who i was never married to. He is still legally married to another woman. However he is on my daughters birth certificate. There are no court orders for custody or anything. So is it illegal for me to move myself and daughter out of state?

Related Topics:
1 Lawyer Answer

Robert W. Leonard Jr.

Answered
  • Divorce Lawyer
  • Fort Worth, TX
  • Licensed in Texas

A: If you have no current orders, either parent has rights to the child. If you move without his agreement, he could file something in Texas and the court could order you to return. If you are in the new state long enough and he has not filed anything, you may be successful in filing yourself in the new state. Without knowing all of the facts, including whether he is paying child support, whether he has contact with the child, it is not possible to give you specific advice.

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.