want to get children back

[snowflake200220]

My daughter left her husband 3 months ago, he has the 3 kids, he does not work. She came to help me 2 months ago, I live in new mexico, I had back surgery so now she is here wants to move here with the kids. If we go back to texas and get them and bring them here, can he fight her on this matter. He has not worked in over 3 years, soley depends on unemployment, and welfare, she had hand amputated 1 year ago, and I am helping her get on different programs so that she can get settled here. I need to know if she has the right to bring the kids here and live. I dont know the laws of texas.

 

[jharris352]

Did they get a divorce? If not they need to. They need to settle all issues between them. Is he going to be against the move?

 

[Duranie]

Dad does not have to allow mom to move the kids. Until a court order is in place they both have rights. However TX will still have jurisidction until she meets the residency requirements of NM. If Dad files in TX he can ask that the kids be returned. Does mom have a job? It sounds like neither of them work.

 

[snowflake200220]

for now neither one has a job, she had one until her hand was amputated a year ago, I have been trying to help her as much as I can, now am in the process of getting her on medicaid, and disability. She will start a job within the month. He only lets her talk to the kids on the phone when he wants too, that is not often.

 

[snowflake200220]

Dad does not have the money to file, buy the mom is working on getting the money and having a job. When she does get a job, that is when we want to go and get the kids, she will have a place of her own also. Mom is trying to go back to work even though she had this tragedy come up, no one up there would help her in getting some sort of income, so that is why I am trying to help her.

 

[snowflake200220]

They r not divorced, just seperated, she is saving money to get a divorce, and yes he will be against the move when it happens. But he will have no way of paying for a lawyer to help fight the battle. He wants her to stay with him, but he is really verbally abusive.