I relocated to Texas with my husband and children about 2 years ago after living in Las Vegas NV for 20 years. I am ready to relocate back to Texas and my husband is not, he says I don't have his permission to leave the state of Texas with our children, he e-mailed it to me and all of his and my family members saying that if I do leave the state he will file kidnapping charges on me. I am trying to find out if he can do this or not? Also I need to know if I should wait to file for a divorce until after I move back to Las Vegas or do it here in Texas before I leave?

Please help,

This is a very touchy situation. Are you and your spouse separated or going through a divorce? This is something that you should consult a Family Practice Atty about. If you are separated, your spouse has specific rights in regards to the children. If you are planning on leaving him with the children, you had better have a good lawyer and better reason for taking his kids away from him. See an atty.

He can file parental kidnapping charges against you, but I doubt if he can get anyone to prosecute unless you don't tell him where you have moved to. However, what he can do is file for divorce and sole custody of the children before you can establish residency and file on your own. He can very likely get an order giving him temporary custody of the children and take them back to TX where you will have to fight him in divorce court. And your moving without waiting for a divorce will work against you in divorce court.

So yes, you should file for divorce before you leave the state and try to get permission to move as part of the divorce.

I lived in Nevada for 20 years and then we relocated to Texas to be closer to my family, its been 2 years and things "financially are to hard" we have been together for 11 years and married for 6, I don't want a divorce but feel like I don't have any other option. I don't want to take my kids from their father but we need to be able to financially support them and I can do that in Nevada where I had a career.

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Originally Posted by shellbaer2

I lived in Nevada for 20 years and then we relocated to Texas to be closer to my family, its been 2 years and things "financially are to hard" we have been together for 11 years and married for 6, i don't want a divorce but feel like I don't have any other option. I dont want to take my kids from their father but we need to be able to financially support them and I can do that in Nevada where I had a career.

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If you can't convince him to move with you, then you have to get a divorce and convince the court it will be better for the children for you to move.

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Also I need to know if I should wait to file for a divorce until after I move back to Las Vegas or do it here in Texas before I leave?

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Texas would have exclusive jurisdiction to determine custody until 6 months after the children arrive in Nevada. -Uniform Child Custody Jurisdiction And Enforcement Act

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Originally Posted by ScottGem

He can file parental kidnapping charges against you, but...

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I don't see anything called "parental kidnapping" in the Texas statutes.

And this doesn't seem to fit:

"Sec. 20.01. DEFINITIONS. In this chapter:
...
(2) "Abduct" means to restrain a person with intent to prevent his liberation by:

(A) secreting or holding him in a place where he is not likely to be found; or
(B) using or threatening to use deadly force."

"Sec. 20.03. KIDNAPPING.

(a) A person commits an offense if he intentionally or knowingly abducts another person.
(b) It is an affirmative defense to prosecution under this section that:

(1 ) the abduction was not coupled with intent to use or to threaten to use deadly force;
(2) the actor was a relative of the person abducted; and
(3) the actor's sole intent was to assume lawful control of the victim."

Texas Penal Code

AK, we have been over this before. Whatever you want to call it, a parent who takes a child and hides from the other parent who has a legal right to be with that child can be charged with a crime.

Make no mistake – parental kidnapping is illegal. Parental kidnapping is far more than a dispute regarding custody matters between divorcing parents. Such matters are relegated to the civil courts; however, parental kidnapping is a criminal act. In fact, parental kidnapping violates the laws of all U.S. states, the District of Columbia, and the Virgin Islands, plus U.S. federal laws and international laws.
http://www.attorneys.com/child-custo...al-kidnapping/

So can you please stop denying this is a crime!

Also if you had quoted me fully I said I doubted he would find any prosecutor who would prosecute the OP if she let the father know where she was.

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Originally Posted by ScottGem

AK, we have been over this before. Whatever you want to call it, a parent who takes a child and hides from the other parent who has a legal right to be with that child can be charged with a crime.

Make no mistake – parental kidnapping is illegal. Parental kidnapping is far more than a dispute regarding custody matters between divorcing parents. Such matters are relegated to the civil courts; however, parental kidnapping is a criminal act. In fact, parental kidnapping violates the laws of all U.S. states, the District of Columbia, and the Virgin Islands, plus U.S. federal laws and international laws.
What Constitutes Parental Kidnapping? - Attorneys.com

So can you please stop denying this is a crime!

Also if you had quoted me fully I said I doubted he would find any prosecutor who would prosecute the OP if she let the father know where she was.

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Your answers are both very helpful, I have been researching it as well and appreciate the link especially. I will not be abducting my children, he will know where we are at all times and if the time comes that he decides to divorce me and/or file for custody I will deal with it at that time.

I received an employment offer today that is double OUR current income with FREE HOUSING (I am an apartment manager with 17 years experience in Nevada) and will be relocating with my children. I have 2 other children, 1 who is in college in Nevada and one who is also with us 14yrs old whose father lives in LAS NV and feel that it is best for all of us.

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Originally Posted by shellbaer2

I received an employment offer today that is double OUR current income with FREE HOUSING (I am an apartment manager with 17 years experience in Nevada) and will be relocating with my children. I have 2 other children, 1 who is in college in Nevada and one who is also with us 14yrs old whose father lives in LAS NV and feel that it is best for all of us.

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I'm sorry but I can't recommend that you do this. If you move without him then the day after you move, he files (in TX) for divorce and temporary custody of the children. And he will get it. You will then be forced to return the children to him in TX.

Better to file for divorce first and ask for an emergency hearing to allow you to move, with the children to TX. Or, at least consult with a local Family Law attorney as to your best course of action.