The father of my children and I are not married but lived together the last 3 years .
We were previously married and had a child who is 6 now. We divorced when he was 1 1/2 and we were separated for 2 1/2 years . During those 2 1/2 years I had and still have full custody of our 6 year old .
We now have another child from this last 3 years . So a 6 year old and a 2 year old. My question is because we are not married and he has thrown me and my children out of our home and we have no family in Texas, can he prevent me from moving to Oklahoma with my dad while I get on my feet? (job,apt, etc) I do not want to make the move to Oklahoma only to be ordered by a judge to return to Texas... Please help me understand my rights as a mother who needs to move close to family to provide the best life for her children

Your older child was born when you were married. Subsequent to his birth you were divorced. A part of the divorce decree should concern custody and visitation for this child. Doesn't it? If so, the provisions of that decree will govern custody and visitation for the older child, until the decree or custody order is modified. If your moving away would effect the father's visitation rights under that order, you would not be able to move. Furthermore, it may specifiy whether you may take this child out of the state or out of the local area. Review it to see.

As far as the younger child is concerned, it appears there is no custody/ visitation order in effect. Accordingly you could move with that child but, as you suggest, a court could order the child back. And Texas courts would have exclusive jurisdiction to determine custody of the younger child for six months after you take the child to Okalahoma. At any time in this six months, the father could file for custody in Texas.

As AK said, if he has visitation then you can't move if it would not allow him to exercise his visitation. You would be in contempt of court and could lose custody.

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Originally Posted by AK lawyer

Your older child was born when you were married. Subsequent to his birth you were divorced. A part of the divorce decree should concern custody and visitation for this child. Doesn't it? If so, the provisions of that decree will govern custody and visitation for the older child, until the decree or custody order is modified. If your moving away would effect the father's visitation rights under that order, you would not be able to move. Furthermore, it may specifiy whether you may take this child out of the state or out of the local area. Review it to see.

As far as the younger child is concerned, it appears there is no custody/ visitation order in effect. Accordingly you could move with that child but, as you suggest, a court could order the child back. And Texas courts would have exclusive jurisdiction to determine custody of the younger child for six months after you take the child to Okalahoma. At any time in this six months, the father could file for custody in Texas.

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When I divorced the father of my one child at the time he was incarcerated for domestic violence against myself and our child. The state held him on 6 charges (long story short)went to trial jury could only find him guilty of 2 he served 2 years and got out . We both moved from Washington back to Texas where we were from in hopes of a new healthy start (didnt last)There are 2 protection orders in place currently that the state of Washington (will not drop even though I tried 2 times. Also the Washington parenting plan states that the father has no rights or visitation to our now 6 year old .We lived together on and off for the last 3 years anyway in Texas and had our second child .There is not a plan in place for our second child.He has become neglectful violent etc again and I can no longer subject my children or myself to this lifestyle and I do not have employment or family in Texas. I want to move to Oklahoma where I can get on my feet with the help of my father and his entire family, where I can be far away from him and provide a stable healthy life for my children with the help of a loving family . The father threatens he will " out lawyer" me because I currently do not have employment savings or a wealthy family that can afford the legal services he can. He threatens he will make it to where I can't take the boys out of Texas and I will be forced into a shelter and he will file for custody that I am unfit because I do not have employment or housing or a support system... I cannot allow my boys to be alone with him for a second for many reasons... So I feel stuck and would like to move to Oklahoma Monday and file for child support , seek employment, housing etc but I do not want to do this if he can legally force me to stay in Texas... I'm stuck between a rock and a hard place for lack of a better term . He is a felon and extremely abusive and mentally unhealthy .I would like to think a judge would not allow him rights to the children without serious requirements much less custody, but I don't know because he is extremely manipulative salesman liar vindictive and has a genius IQ . He intimidates me with his threats . He was in fact guilty of 6 charges and was able to convince a jury he was only guilty of 2. Please excuse my poor writing as I am stressed not sleeping and on a I phone :-/
Can I move the children to Oklahoma or do I have to take them to shelter in Texas ? I will do whatever it takes to take care of my children and the thought of him taking them from me is almost debilitating . He is not a functioning man and has never cared for our children...

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Originally Posted by Amandaleighann

When I divorced the father... (long story short) ....

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Why is it when someone says "long story short", it's really just a long story?

And none of it changes what you already told us. Except that the detail about the Washington State parenting plan for the first child suggests that Texas may not have jurisdiction for that child, as I previously had thought.

Move. If he does file something in Texas, you can move to dismiss it under the UCCJEA (with respect to the older child, anyway).

The bottom line here is that, if you move, he can file for custody and he could force you to return. A lot depends on the status of the case in WA and whether they have jurisdiction.

But if he is the legal father he has rights. The fact that you moved back in with him and had another child with him after you divorced and he was jailed is going to sway a court against you.

On the other hand, the conviction could work for you. No way to predict what a court will do. You can't be prosecuted for moving, but you will have to wait to establish residence in OK before you can file for anything. Which gives him plenty of time to file in TX

My daughters mother in law thought she was going to just move from Ohio to Georgia and take her daughter. The court made her bring her daughter back to Ohio to live with the dad. Now she has to drive all the way from Georgia to Ohio for visitations and going to court to fight to get custody. The court claims she only moved for spite. So it is best to get it straightened out BEFORE you move