My husband and I are married. I want to leave with our 3 yr old son from Texas to go to Ohio to live with family. Husband has been cheating. Husband has been out partying, staying out late, sleeping in late and last night never came home. Can this help me in a temporary custody case. Is there a chance they will let me leave the state if I let husband see his son just about whenever he wants?

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Originally Posted by margies3angels

My husband and I are married.

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Great!

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Originally Posted by margies3angels

I want to leave with our 3 yr old son from Texas to go to Ohio to live with family. Husband has been cheating. Husband has been out partying, staying out late, sleeping in late and last night never came home.

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It is not against the law.

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Originally Posted by margies3angels

Can this help me in a temporary custody case. Is there a chance they will let me leave the state

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Probably yes.First you must file for divorce.

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Originally Posted by margies3angels

if I let husband see his son just about whenever he wants?

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The judge will schedule visitation plan.Remember that many times where one party want to move,that party will be obligated to pay full or less amount of the other party's expenses .

Ok I was under the impression that custody was independent of divorce?

I DO have to file divorce first? THEN I can file for Temp custody and possibly get permission to leave the state with my son?

PS He hasn't barely participated in raising our son lately and didn't even see him at all yesterday between the sleeping in and leaving to party.

Visitation times might include fall and spring breaks, part of the Christmas vacation, and extended visitation during the summer vacation.
Visitation can work lots of ways. He could fly down and stay with him. You could both drive and meet halfway. When he is older he could fly to him. You have to commit to helping him have a relationship with him which may mean some inconvenience for you.
Since you are the one who want to move, I do think a court would find it to be reasonable to expect you to pay for and arrange travel for your child.

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Originally Posted by margies3angels

Ok I was under the impression that custody was independent of divorce?

I DO have to file divorce first? THEN I can file for Temp custody and possibly get permission to leave the state with my son?

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Till divorce/or legal separation/ both you and your husband have equal custody rights.

There is no legal separation in TX. You are either married or you are not.

Thank you for your advice. You have helped a lot. I plan on talking to a lawyer ASAP.

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Originally Posted by margies3angels

I plan on talking to a lawyer ASAP.

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Yep! It has always been the best way;)

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Originally Posted by margies3angels

There is no legal separation in TX. You are either married or you are not.

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You can enter into a "partition and exchange agreement." Your actions at the separation stage can "point" the case to the final outcome.

Original Petition for Divorce

The divorce process starts by filing a document entitled "Original Petition for Divorce." That document informs the court that a divorce is sought, of any grounds the party may have, and what the party wants the court to award in regard to property and children. Concurrently with the filing of the Original Petition, a party may ask for temporary orders, temporary restraining orders, and/or a protective order.


Temporary Orders

Temporary orders are orders issued by the court to place immediate controls upon the relationship of the parties, the parties' financial affairs, child custody, and financial support while the divorce is pending.

Thank you, again.

Hope I helped.It's my pleasure.

You definitely did. I have an appt with a lawyer at 2:30 today so I have a little bit of an idea what I will be going in with. Thank you.