Can I take my kids out of TX?

[TracyG]

I need to leave my husband.  I have an opportunity at the end of July to move back to MA.  Is it illegal for me to take them and not return?  I have no job, no money and cannot take the abuse any longer.  I have no family here in TX and have a wonderful home at my Dad's that he is offering.  What are the legalities on this?  Thanks

[Nanna]

If you are the biological mother of these kids and there are no court orders stating the children must reside within this state or within so many miles of both parents, then yes you may take your children anywhere you wish in the world.  Assuming you are still in Texas and haven't filed for custody yet, be absolutely certain that in your custody papers there is a specific clause stating you have the right to decide where your children reside without regard to geographical location and insist the father pay roundtrip for the children to travel to see him.  In the event of proven abuse, meaning you have filed charges on him and these charges can be verified, chances are you can win a case to have supervised visitation only.  Also include the father is responsible for at least 50% of all school clothing and supplies.  DO this as soon as you possibly can due to the fact that until custody is established, he can walk in and take these children with him from wherever they may be and there's not a thing you can do about it until you have court ordered custody established.
I do hope this helps even though it is a bit later than July.
Goodluck

[Davy]

Sorry nanna.  If poster were to follow your advice there is an excellent chance the children would end up returning to Texas and without mommy dearest.

[awakenlynn]

Even if you were to leave TX he can file and have custody awarded to him if you don't show and then you would be the NCP.  It would be better to stay in TX and fight him legally.  If there is legitimate abuse then get a restraining order and supervised visits and permission from the state to move.

If its just bad between you and him and he is a decent father, then do what is best for the kids, not necessarily what you want.  Do what is right and do it correctly.

[Davy]

It is best for the children to have an on-going relationship with both parents.

MA may reject any custody proceeding or any other proceding since MA clearly will not have jurisdiction over the TX father or the TX children.

Removing the TX children from  the other parent and TX may be cause for not being named the CP and even restricted in any access to the children.  No matter what, it is impractical for a TX court to grant permission to leave the state without good cause and TX will retain jurisdiction as long as the father remains in TX. 

The welfare of the children can not be adequately served in future matters thousand miles removed in no man's land. 

Generally speaking,  these matters usually prove to be a detriment to the children and both parents both in the short and long term.