Husband and wife move from CO to TX with 2 children, 2 years old and 9 months old. Mother is secretly trying to leave with the children back to CO without the Father knowing OR any consent from him. What are his rights as the sole provider and Father to these children? Can she legally do this and Father has no rights??

Is there a court order in place outlining who sees who and when? I guess she no longer has a secret about leaving, and who are you in all of this?

He may be father and sole provider, but she is still the mother of his children and should be respected as such. Yes, he has rights as the father but does he have a lawyer? Does she have a lawyer?

How long have they lived in Texas?

I am the Step Mother of these Children. She confided in me she plans to leave and take the children away from him. She has one illness after another and "not" the parent these small children need. No lawyers involved at this point, just wondering if can do anything to stop her legally from taking his children out of state. TX about 4 months.

They may or may not qualify for Texas residency. So if any filings were to take place they may have to be through Colorado. If this goes any further then its going to be a bumpy ride. As far as what you can do. You have no legal rights to the child/children.

Something Im a bit confused about. Are you married to the husband in question? Is that how your established as the step mother? Has there been any court actions that have taken place yet? If so where did they occur?

I know I can't do anything, just trying to make sure he knows his rights as a father. So, if they both decided to move to TX, she does have the right on her own to just take them back w/o his knowing? She has been to the hospital for various, non-life threatening reasons over 6 times in this 4 month span... this is part of the reason I say, he is trying to be the Mom and Dad of these children and work multiple jobs to support them..

I said that wrong, I am the Step Mother to the Father involved... Step Grandmother to the Children.

I know I can't do anything, just trying to make sure he knows his rights as a father. So, if they both decided to move to TX, she does have the right on her own to just take them back w/o his knowing?? She has been to the hospital for various, non-life threatning reasons over 6 times in this 4 month span... this is part of the reason I say, he is trying to be the Mom and Dad of these children and work multiple jobs to support them..

She has the right to leave. If she chooses to take the children she is within the law to do so. What she doesn't have the right to do is conceal the whereabouts of the children from the father. Then that crosses the line into parental kidnapping. Is she making claims of abuse or is this mostly her being homesick ?


P.S. Thanks for clearing up the other issue. It was a bit confusing.

That's about all I can say about the situation, but I appreciate your responses and knowing the part about keeping the whereabouts of the children from him. Thank you so much!

One more question please.. this is very time sensitive. What if when they where in CO CPS was involved because of the Mother and pain meds? They finally dropped it, but had the smaller child for a few days because of it. The mother has many problems. The children are NOT safe with her. What can he do tomorrow if she flees with their one car, runs to the airport with the children and leaves his car there out of town?

Please... any info at all...

I know it is stressful and sad that you and your children are going through this. Remember, it is not your fault. It is abuse when you are told your children are going to be abducted. I wish I would have known about this before it happened to me. You can file preventative abduction orders for free at most court houses. It will be either free or a few hundred depending on how much you make. You can require them to give up the address, put funds in an account if you need to go looking for them, have them give up the passports, etc. Most family court houses have an area that you can get help filing these forms. I might also call the DA, let them know what you are doing, and confirm that parental child abduction is illegal in your area.

I was told yesterday from someone on here that the Mother has the right to take the children out of the state w/o the husbands concent and that the ONLY thing she can not do is withhold the location of the children, otherwise he can do nothing..?

I was told yesterday from someone on here that the Mother has the right to take the children out of the state w/o the husbands concent and that the ONLY thing she can not do is withhold the location of the children, otherwise he can do nothing...??

This is generally true for either parent. Whether she can withhold location information depends on Texas law. If the father wants to prevent this, he should go to court and get a custody order.

Lets get this cleared up. I guessing they are currently still married. So she has the right to leave with the children. Someone then files for divorce and custody/visitation are worked out as part of the divorce. If he files before she leaves, then she can't take the kids due to the pending divorce proceedings.

Its not all black and white here and he needs to consult an attorney.

Yes, still married. They have lived in TX for 4 months,. I think you have to live in TX for 6 months to be considered permanent resident in order to file, right?

Yes, still married. They have lived in TX for 4 months,... I think you have to live in TX for 6 months to be considered permanent resident in order to file, right??

Looks like it could be up to a years time before its official as a Texas resident.

http://www.ehow.com/how_2318193_establish-texas-residency.html

I really think it is 6 months...

Texas Divorce Source: Texas Divorce Laws (http://www.divorcesource.com/ds/texas/texas-divorce-laws-717.shtml)

Well if you looked it up on the net, then you must know, texas; why bother asking if you can do that yourself and disregard our advice here from people who know, :)

I think txcableguy is right here. The link that califdad posted seems to refer to official residency as establishing oneself as a citizen of TX. This is for the purpose of things like qualifying for state schools.

But the link the OP posted is specific to divorce law.

Be that as it may, tour stepson needs to decide whether he wants to save his marriage or not. If he doesn't then he needs to file as soon as he is able.

I think txcableguy is right here. The link that califdad posted seems to refer to official residency as establishing oneself as a citizen of TX. This is for the purpose of things like qualifying for state schools.

But the link the OP posted is specific to divorce law.

Be that as it may, tour stepson needs to decide whether he wants to save his marriage or not. If he doesn't then he needs to file as soon as he is able.

We are mixing numbers here. In my original statement I had said 6 months. In the statement that was quoted as to "permanent resident" that would be 1 years time.

The information given by this site is accurate as always.

Originally Posted by txcableguy
Yes, still married. They have lived in TX for 4 months,. I think you have to live in TX for 6 months to be considered permanent resident in order to file, right?

I think txcableguy is right here. The link that califdad posted seems to refer to official residency as establishing oneself as a citizen of TX. This is for the purpose of things like qualifying for state schools.

But the link the OP posted is specific to divorce law.

Be that as it may, tour stepson needs to decide whether he wants to save his marriage or not. If he doesn't then he needs to file as soon as he is able.

Although it does appear that they have to be domiciled in Texas for at least six months before he can file for divorce, that doesn't prevent him from filing for "possession (http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.153.htm#153.192)" (Not my choice of words, but rather the term used in the Texas statute -- Go figure. ) of the children, in the mean time.

Tickle, Obviously they Didn't know! BTW, thank you Scott Gem! He does not want to save the marriage, he does NOT want to loose his kids though and seems like he does not have the rights to do much since they have only been here 4 months. Thank you for your info Scott.

Thank you AK Lawyer!!

Tickle, Obviously they DIDNT know! BTW, thank you Scott Gem! He does not want to save the marriage, he does NOT want to loose his kids though and seems like he does not have the rights to do much since they have only been here 4 months. Thank you for your info Scott.

Given what AK said, he should immediately file for "possession" of the children.

Given what AK said, he should immediately file for "possession" of the children.

Im not sure they can at this time as there has been no separation inside the marriage. They are still married and nothing has been filed. Even with such an award the mother if staying in the relationship doesn't change a thing.

With the exception of restraining orders, most filings are reactive and not proactive.

Tickle, Obviously they DIDNT know! BTW, thank you Scott Gem! He does not want to save the marriage, he does NOT want to loose his kids though and seems like he does not have the rights to do much since they have only been here 4 months. Thank you for your info Scott.

Your making a misstatement here. There is a difference from being a permanent resident and having the ability to file in a court. They are separate events. The latter being tied to Federal Law. The former being tied to state law.

You were given correct answers for both.