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.
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