I filed divorce in March 25, we are in the 2 month period and I needed to move to Colorado, We have a 1 year old daughter, so my ex husband gave me permission to take her out of state with a notarized letter and we filed a pre-divorce Rule 11 agreement stating that at the time of the filing of the petition the parties both resided in Travis county and that the husband agrees that I may designate the residence of the child, effective by April 1 2010. I moved on April 2 and he took the agreement to court. He just sent me the final decree and it says that the home state of our child is Texas, now he said it should be Texas because its referring to the place where the child lived the day the petition was filed. now I am getting a little bit worried since I didn't have any permission from the court and I only have his permission. Should the home state be changed to Colorado since its the place we are living at now? will I have any problems for not showing up in court even if I signed the final decree?
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leaving the state during the waiting period after filing divorce
- Thread Starter jean85co
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army judge
Super Moderator
You might have some legal issues.
He might have induced you to leave, and then turned on you.
He could have changed his mind.
You need to speak with a Texas attorney about your legal position.
You could have jeopardized your custodial rights.
You might want to consider returning to Texas to settle this.
Bottom line, speak with a Texas attorney ASAP.
Or, speak with a Colorado attorney and see if you can file in Colorado. (I doubt that, because you had an action in Texas when you left!)
He might have induced you to leave, and then turned on you.
He could have changed his mind.
You need to speak with a Texas attorney about your legal position.
You could have jeopardized your custodial rights.
You might want to consider returning to Texas to settle this.
Bottom line, speak with a Texas attorney ASAP.
Or, speak with a Colorado attorney and see if you can file in Colorado. (I doubt that, because you had an action in Texas when you left!)
army judge
Super Moderator
jean85co said:
Yes.
But, you can always speak with a local attorney first.
Generally, once a divorce action is begun, it is foolish to go anywhere until it is resolved.
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