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Im from Texas, I’m still married. Recently my husband and I had an argument about him been with another women and it came down to domestic violence. My neck hurts still after two days. I never called the police because I was scared for him. So now I’ve thought about moving to another state for a while. I spoke to my husband about me moving but he didn’t say anything. Can I move? can he take the kids from me?
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Yes. You may move. My advice is that you take yourself out of danger and file a police report about the violence. While you are still married you may live anywhere you like with your children. If your husband prevents you from taking the kids, he will not get in trouble for that. You would have the right to leave without them.
If you get away with the kids and your husband decides he wants the children back, he may come get them from you. Neither one of you has a stronger or better right to the children while you are married and there are no court orders. If you contacted the police, the police may decide to let your husband take the kids, or the police may decide to leave the kids with you.
If, however, your husband files for divorce or files a suit regarding the children in Texas within a few months of your leaving, and he asks the court to order that you return the children to the county, the court is likely to grant your husband's request.
A domestic violence incident that is unreported is difficult to use in court in your favor to protect you. Please report any and all incidents immediately. Please also keep you and your children safe.
Answered on May 18th, 2020 at 12:50 PM