Technically, there is no law that says you cannot take your child from the State of Texas while you do not have a custody order in place (i.e., an "Order in Suit Affecting the Parent-Child Relationship" or "Visitation Order" or "Parenting Plan" as contained in a Final Decree of Divorce). There are, however, various actions your child's father could take to cause you to return the child. Before or after you leave, he could file suit to acquire a custody order restricting your child’s residence...
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In order for your husband to adopt your child, you will need to have your child's biological father (your ex-husband) terminated as a conservator. Specifically, you will need to file a Motion to Terminate the Parent-Child Relationship and will probably also want to pursue adoption proceedings concurrently. Based on the information you provided, you may be able to bring a successful termination suit. The Texas Family Code states that grounds for termination include non-payment of support for...
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First, get out your final decree of divorce or most recent child custody order presently in effect. If there have been no modifications since your divorce, the pertinent information should be contained in your final decree of divorce. Go through the various child related provisions. There should be a few pages taken up with language regarding the "rights and duties" regarding your son. Review that section and look for language that looks something like, "the right to consent to...
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