Q: Can I move my son to another state without the father’s consent?
We currently live in the same house but I will be filing a eviction to have him removed because he refuses to leave on his own. I am the custodial parent and he is non custodial parent. We do not have any custody orders at this time and I have a lot more support and opportunities in California for me and my son. However his dad doesn’t want me to take him. Is there anything stopping us from going? And if so could I take him out there while I wait the 30 days to have his dad leave the residence?
A: First, eviction will probably not work. When you are married everything acquired during marriage is considered community meaning it belongs to both of you regardless of whose name it is in. Most JP court judge that issue evictions will not be ordering eviction on spouses during marriage. Second, neither of you is custodial parent right now since there is no orders. Either one of you can take the child and go anywhere. It is legal for you to take the child and move to California but if he files here within 6 months of you being there, then Texas will still have jurisdiction and you have to deal with the case here, and you may also be required to move back permanently with the child. Best thing to do is file for custody here and fight for no geographical restriction so that you can move there without having to come back.
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.
