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txcableguy · May 21, 2012, 11:57 AM

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??

tickle · May 21, 2012, 12:26 PM

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?

cdad · May 21, 2012, 01:09 PM

How long have they lived in Texas?

txcableguy · May 21, 2012, 01:15 PM

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.

cdad · May 21, 2012, 01:20 PM

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?

txcableguy · May 21, 2012, 01:25 PM

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..

txcableguy · May 21, 2012, 01:27 PM

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

cdad · May 21, 2012, 01:30 PM

Originally Posted by txcableguy

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.

txcableguy · May 21, 2012, 01:34 PM

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!

txcableguy · May 22, 2012, 09:14 AM

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?

txcableguy · May 22, 2012, 11:03 AM

Please... any info at all...

b2review · May 22, 2012, 11:37 AM

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.

txcableguy · May 22, 2012, 01:40 PM

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..?

AK lawyer · May 22, 2012, 01:56 PM

Originally Posted by txcableguy

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.

ScottGem · May 22, 2012, 03:04 PM

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.

txcableguy · May 22, 2012, 03:17 PM

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?

cdad · May 22, 2012, 04:10 PM

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??

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

txcableguy · May 22, 2012, 04:30 PM

I really think it is 6 months...

Texas Divorce Source: Texas Divorce Laws

tickle · May 22, 2012, 05:04 PM

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, :)

ScottGem · May 22, 2012, 05:52 PM

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.