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KA7806

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  1. My estranged husband and I are opting for an un-contested divorce. He has had limited visitation with our children (daughter 8, son 6) since we split up 2 years ago and has offered NO SUPPORT. He has made indications that he wants my SON ONLY to live with him, not my daughter. His reasoning, I believe, is so he will not be obligated to pay child support if we both have 1 child. However, with him living in Texas and myself and our 2 children living in Alabama, I'm worried that if he chooses to not return my son/children I may have to fight him in court to get them back. If he chooses to not return them (or not return my son), but files a legal petition with the courts while he has the children in his custody to retain legal physical custody of my son/children, will he be legally obligated to return them until if/when the order is changed? Will he be legally allowed to keep them until if/when the order is changed? WIll he have to file in AL or TX? We both offer stable homes. No domestic issues on file. The children are established in Al, enrolled in school and have family and friends close by. They have never lived in TX... only visited once before the separation.
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