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Hello,
I live in Dallas, TX, and at the moment, I'm out of country to take care of my ailing father, while my wife left the house with our two kids, without my concent and without leaving any specific contact info. All I know is that she is outside of State of Texas. I'm very worried, please help me understand, as to what recourse do I have. Per Texas laws, can my wife take the kids out of state without my concent. I will be eternally grateful for this favour.
Thank you so very much.
She is their legal parent, she can take them anywhere she wants. If you file for custody in TX she may be forced to return with them.
Its not kidnapping if she is their mother.
Sorry this is not the 1700's a wife does not need permission of the husband to do things.
She can leave the home, she can take the kids without your permission.
Now the step is to hire an attorney, maybe hire a investigator and find where she is and file for divorce and make custody arrangements.
**Note, if you believe she needed your permission, that may be part of the problems with the marriage.
This may help you to understand what's going on and why the others are saying what they have said.
http://www.abanet.org/child/abduction.shtml
Yep she has every right to leave go to any state in the country she wants and if the kids have passports well she is then free to leave the country to. If she is a full time stay at home mummy you are more than likely not going to get full custody of them kids.
Quote:
Originally Posted by missdizzy
Please stop using text speak. This is the legal board and there is no need for text speak in order to post faster - if that is your goal.
And as far as "if she is a full time stay at home mummy" you are wrong. Judges determine what is in the best interest of the children, not who works and who does not, awarding custody on that basis.
As many other have said she dosen't need your permission it kind of bothers me that you think she would. If the two of you were divorced and you had custody of the children then that would be different but that isn't the case at all. She is a free woman and free to go where ever when ever. You still have rights too though so if you want to come back to the states to pick up your kids and bring them home with you you can do that too. But please don't get on some trip about her needing your permission.
I'm actually kind of bothered by the answers given here. Yes, she is allowed to go anywhere she wants without his consent, but she is not allowed to take the kids with her. The kids belong to both parents, not just the mother.
Parental kidnapping is a serious crime in the United States, and this wouldn't be the first time it has happened.
http://www.10news.com/news/7170227/detail.html
Quote:
Originally Posted by Xagest
No problem with your opinion - but this is the Family LAW Board. We answer based on education, experience, research.
This is a situation where the children DO belong to both parents; therefore, EITHER parent can "take" the children wherever that parent wishes to go BECAUSE there is no Court Order to the contrary.
Please post the law, not a news site, concerning your statement that "she is not allowed to take the kids with her." This is not the Law as I studied it. Texas Law, of course, is what applies here. You have used a 2006 case in California as an example.
The case you used refers to a mother who took the children out of the US; the OP is outside the US and the mother and children are "somewhere" in the US (to the best of his knowledge). I fail to see the similarities.
I'm always ready to learn something so please let me know what your research uncovers.
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