I'd like my kids to travel with me for the next couple weeks during their summer vacation before temporary orders can be set? Can I travel out of the county in which I filed? Do I need my spouse's consent?
I practice in Maryland, not Texas, however, I believe the laws on this issue are similar. At the moment, neither you nor your spouse has custody of the children to the exclusion of the other. As long as there is no Court Order telling you otherwise, IMHO, you are free to MOVE out of Texas with the children and stay there, if and until a Texas Court says otherwise. So, go on your trip and have fun. I have changed your practice area so you will get better responses.
This is a matter of State law. I would strongly suggest that you consult with a local attorney (perhaps selected from the AVVO website resources) with experience in this area of law, to offer a free initial consultation and perhaps assist with the process. If this information was helpful to you, even if you do not like or agree with the advice, please let me know by clicking on the “Helpful” or “Best Answer” button. Good luck!
This information is provided as general guidance only, not actual legal advice. I have not reviewed your paperwork, and I may not be licensed practice law in your state. The fine points of your question are often found in the laws of your State. So, this response is not intended to be legal advice and you should rely on this information only to give you some idea of what you should do.
Yes you can travel, unless a court order or the court's standing order says something different. Most standing orders just will not let you hide the children or take them out of the court's jurisdiction for the purpose of changing their residence. You should let the other parent know that you are on vacation with the children, but you don't usually need permission. Do you have an attorney? You should discuss this with them.
Ms. Laster practices in Dalla
I agree with Ms. Laster. My only added comment is based on my practice with many international family law issues. If you plan to travel internationally, it would probably be better to get some agreement in writing from your spouse even before the temporary orders. You probably should put in place some protection from being accused by or having to alleged "child abduction" against your spouse.
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