I've been married for 12 years, and have two small children (3 and 2). When the babies were born it was decided I would stay home because my wife had the greater earning capacity. At this point in time, the marriage is in collapse, and it is time to pack it in. My family is in Texas, if I leave do I have the right as the primary caregiver to take the children with me to Texas? If she has a right to have the children returned to Pennsylvania, does she have to file for a court order? If so, does she need to come to Texas to enforce it? How fast would the courts take to do any of this? I'm not trying to take the kids away permanently, just until the divorce and custody terms are worked out.
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SAHD & Children
- Thread Starter alexant
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At the first hearing for the divorce, you will probably be ordered to return the children to PA. If you do not comply, you will be in contempt, and you could lose custody even though you are the primary caregiver.
Even before filing for divorce, your wife can petition to have the children returned. I don't know how busy your courts are, so I don't know how long it takes. However, if she is granted an emergency hearing, it could be pretty quick.
Truthfully, taking the children to Texas against her wishes may also affect the custody decision.
You didn't say this, but if you think you can move there with the children in order to give Texas jurisdiction, then you're playing a dangerous and very costly game.
Even before filing for divorce, your wife can petition to have the children returned. I don't know how busy your courts are, so I don't know how long it takes. However, if she is granted an emergency hearing, it could be pretty quick.
Truthfully, taking the children to Texas against her wishes may also affect the custody decision.
You didn't say this, but if you think you can move there with the children in order to give Texas jurisdiction, then you're playing a dangerous and very costly game.
No,no, just reading between the lines for possible motivations. If you have no intention of doing so, then ignore that part of my advice. As I said, I know you didn't say that; I was simply dispensing 'preventative' advice.
If you have considered moving to Texas, then it would be much more convenient for you to have the proceedings in Texas. However, with residency requirements to consider, it's not likely to happen.
If you have considered moving to Texas, then it would be much more convenient for you to have the proceedings in Texas. However, with residency requirements to consider, it's not likely to happen.
Is there a way to file the divorce, and be able to move to Texas while things are happening? At this point, I'm happy to walk away leaving her everything as long as the situation with the kids is beneficial. I don't think I'll be able to stay in the same house with her, and I will have nowhere else to go except with family until I get back on my feet, which should not take long. An old friend has already told me he has a position in his company should I need it.
You can certainly request it, but I wouldn't count on it. You'll have to prove that it's in the best interests of the children to be separated from their mother by such a long distance. If granted, you may also be responsible for all transportation costs for the children to have visitation with their mother several times a year.
You should consult an attorney.
You should consult an attorney.
You have to be in the new state for 6 months before you can file anything. Bad idea. In that time mom can file for divorce and for return of the kids. You should file for divorce where you are and ask for custody, child support and alimony. You really need to see an attorney and even see about mom being billed your legal fees. Or you 2 need to see if you can work something out. A nasty custody battle should be avoided. Leaving with the kids out of state though is a bad idea and you can almost guarantee mom will file for divorce in your home state befote your 6 months is up.
themis1980
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in the state of tx if neither one of the parents have been awarded costody of the child or children then both parents have equal rights. if you have costody of the children and you move away from the county, then you have to live wherever you move to for no less than six months, becoming a resident of that county. she has six months to file a parent child relationship order to make you move back to the county you removed them from. if she doesnt then you can remain there with the children and adhear to any visitation rites that have been established. im not a lawyer but it happened to me and i made her move my son back to texas where she currently lives.hope i helped a little.
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