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Can your ex move out of state and sue you for custody even though the divorce was final in Texas?

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Wiki User
2006-05-03 20:12:37
2006-05-03 20:12:37

Usually when a couple gets divorced they also decide on custody of the children. If you waived your rights to your children then she is free to go where she wants and as far as she wants with the children. If you didn't agree to this and have partial custody she can't leave the State without your consent and if she did this could be considered "kidnapping" in some States. If neither of you bothered re custody of the children and you just saw them when you felt like it, then you can sue her right back and legally get custody of your children. I suggest you seek legal counsel. These are reasons a court may give full custody of the children to the wife: The father was abusive to the mother or children Alcohol/drug abusive Refusing to work Working, but not supporting the wife and children Refusing to pay child support Holding back money on child support Quitting work so as not to pay child support Had the freedom to see the children, but didn't bother If any of the above fit your scenerio then you may have difficulties getting partial child support. Marcy

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It takes 60 days for a divorce to be final in Texas. So, including the day you file, 61 days.

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He has every right to go back to court to petition for joint custody, yes.

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The rights your ex-husband will have once you divorce will all depend on what the judge rules. He could have joint custody or split custody.

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If you marry a man in Texas, you are married to that man until your divorce is final. So if you try to marry a man in Louisiana before your Texas divorce is final, the second marriage is invalid. In order to get a marriage license, you have to state that you are not already married. If you are, then you lied on the application, which will invalidate the license. You could also be charged with the crime of bigamy. You will have to marry him again after the Texas divorce is final if you want to be married to him.


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