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nana1

Parental rights

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We live in Texas. Jeremy and his wife, Tabby, have lived with Jeremy's mom since the marriage and the birth of their two children, 1 and 3 years old. Tabby and Jeremy are still married, but Jeremy's mom helped Tabby move to her father's apartment because the two of them were fighting so much and Tabby was trying to take the kids and move to Virginia where Jeremy and his mom wouldn't be able to see the kids. Jeremy's mom will not let Tabby move back in and Tabby still wants to go to Virginia to live with her grandmother. Neither Jeremy nor Tabby are working or have any source of income. What can Jeremy do legally to keep Tabby from taking the kids and moving to Virginia? Is there a form they can complete that would allow her to go visit Virginia for 2-4 weeks but have to come back? If yes, how would it be enforced?

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There is no such form.

 

The law has nothing to say about the living arrangements of married couples and their children.  As long as they are married and there is no divorce action pending, Tabby is free to move anywhere she wants and take the kids with her.  If Jeremy wants to prevent that, he can file for divorce and request an interim custody and support order that places geographic restrictions on relocating the kids.  A custody order issued by the court is tantamount to law and can be enforced in every state in the U.S.  Any agreement the parents reach outside of court, written or verbal, will have no standing in law and cannot be enforced.  Consult local counsel.

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I yield to Ted regarding Texas law and procedure.  But, I suspect there may be a procedure short of divorce to establish custody.  In Virginia we have Juvenile and Domestic Relations courts to deal with such matters.  Since filing for divorce presumes the existence of grounds for the divorce, it is not always the best way to attack these problems.

 

Also, because these problems frequently occur outside of marriage I would assume ther must be such remedies available.  I leave it to Ted and/or others to confirm whether such alternatives exist and how they may be utilized. 

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We live in Texas. Jeremy and his wife, Tabby, have lived with Jeremy's mom since the marriage and the birth of their two children, 1 and 3 years old.

 

Who are "we," and what is your relationship to Jeremy and his wife and mother?

 

 

 

Tabby was trying to take the kids and move to Virginia where Jeremy and his mom wouldn't be able to see the kids.

 

What does "trying to take" mean?  When you say that she "was trying to take" them, does that mean she no longer is trying to do so?  And does this mean that her attempt was somehow thwarted?  Why do you think Tabby moving to VA would prevent Jeremy and his mother from seeing the kids?  How exactly is Tabby planning on paying for this move if she has no income?

 

 

 

What can Jeremy do legally to keep Tabby from taking the kids and moving to Virginia?

 

File for divorce.  While I can't say for sure with respect to Texas, typically, when a divorce is filed, certain automatic restraining orders go into effect, one of which is that neither party may remove the children of the marriage from the state without the written consent of the other party or a court order.  If that's not the case, then Jeremy could request that the court enter such an order.

 

 

 

Is there a form they can complete that would allow her to go visit Virginia for 2-4 weeks but have to come back?

 

No.

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