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cdad · May 22, 2012, 06:09 PM

Originally Posted by ScottGem

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.

We are mixing numbers here. In my original statement I had said 6 months. In the statement that was quoted as to "permanent resident" that would be 1 years time.

The information given by this site is accurate as always.

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?

AK lawyer · May 22, 2012, 06:11 PM

Originally Posted by ScottGem

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.

Although it does appear that they have to be domiciled in Texas for at least six months before he can file for divorce, that doesn't prevent him from filing for "possession" (Not my choice of words, but rather the term used in the Texas statute -- Go figure. ) of the children, in the mean time.

txcableguy · May 22, 2012, 06:53 PM

Tickle, Obviously they Didn't know! BTW, thank you Scott Gem! He does not want to save the marriage, he does NOT want to loose his kids though and seems like he does not have the rights to do much since they have only been here 4 months. Thank you for your info Scott.

txcableguy · May 22, 2012, 06:55 PM

Thank you AK Lawyer!!

ScottGem · May 22, 2012, 07:12 PM

Originally Posted by txcableguy

Tickle, Obviously they DIDNT know! BTW, thank you Scott Gem! He does not want to save the marriage, he does NOT want to loose his kids though and seems like he does not have the rights to do much since they have only been here 4 months. Thank you for your info Scott.

Given what AK said, he should immediately file for "possession" of the children.

cdad · May 23, 2012, 04:09 AM

Originally Posted by ScottGem

Given what AK said, he should immediately file for "possession" of the children.

Im not sure they can at this time as there has been no separation inside the marriage. They are still married and nothing has been filed. Even with such an award the mother if staying in the relationship doesn't change a thing.

With the exception of restraining orders, most filings are reactive and not proactive.

cdad · May 23, 2012, 04:12 AM

Originally Posted by txcableguy

Tickle, Obviously they DIDNT know! BTW, thank you Scott Gem! He does not want to save the marriage, he does NOT want to loose his kids though and seems like he does not have the rights to do much since they have only been here 4 months. Thank you for your info Scott.

Your making a misstatement here. There is a difference from being a permanent resident and having the ability to file in a court. They are separate events. The latter being tied to Federal Law. The former being tied to state law.

You were given correct answers for both.