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?

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1 Lawyer Answer
Robert W. Leonard Jr.
Robert W. Leonard Jr.
  • 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.

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