In Texas, what is the penalty if the wife moves out of state with the children with out telling the husband?

Does the husband have joint custody or visitation rights?

In the child custody agreement, does it state they can not take the child out of state??

What they have to do, is file in family court to order them back to court for taking the child out of state.

If you are in the process of an already filed divorce, let the courts know and petition for her return. If you are still legally married and still live in the home, that can be classified as kidnapping (depends on the details). If you are legally married, but separated, then you will have to file for visitation and divorce or legal separation . Check with local court for better details on your case. Im sure you'd rather share all the details with them, rather than us. (smile) Good luck