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Barrister, Lawyer
Category: Family Law
Satisfied Customers: 37097
Experience:  Attorney with 16 years experience
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My ex boyfriend and I have joint custody of our children we

Customer Question

My ex boyfriend and I have joint custody of our children we have never been to court everything has been verbal, I am the custodial parent according to the attorney General in Texas, so my question is can I love my kids to florida against his wishes to better their future? He frequently keeps my kids from me and won't let me see them for months at a time when it is his turn to see them and when I get the cops involved they say because there is no court order that there is nothing they can do and motor me to take him to court and also advise me that when I do get them from him to "give him a taste of his own medicine" and keep them from him. I am saving up money to take him to court and get full custody of my children but I don't have the money right now and currently am living in florida where I have a great job opportunity so when I go down there to visit my kids I want to just take them up here but don't want to get into trouble, any advice will be greatly appreciated, thank you.
Submitted: 2 years ago.
Category: Family Law
Expert:  Barrister replied 2 years ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
If there is no court ordered visitation schedule in place, then you are both considered legal guardians of the children if he is on the birth certificate.
What that means is that you both have exactly equal custodial rights and whoever has the children has a legal right to do so.
With that said, there is nothing that would prevent you from moving with the children to another state since there is no court order prohibiting it.
It would be a very good idea to communicate to the father your location once you get there by a documentable means like text, email, or certified letter so that he couldn't maintain a claim for parental kidnapping..

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