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My husband physically abuses me I wish to leave the state…

Customer Question
My husband physically abuses...

My husband physically abuses me I wish to leave the state with my 15 month old daughter. Is there a problem with doing so

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

No

Lawyer's Assistant: Family law varies by state. What state are you in?

Texas

Submitted: 2 months ago.Category: Family Law
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Answered in 1 minute by:
5/29/2018
Family Lawyer: Legal Eagle, Lawyer replied 2 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 14,343
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Family Lawyer: Legal Eagle, Lawyer replied 2 months ago

Situations like these are often very tricky. If there is no custody order in place, then each party has equal rights over the child. This means that either party could take the child on vacation, to visit relatives, or stay a short time in some other place other than where the child normally comes home. The problem is the person who is not physically in possession of the child has the same rights to keep them there. In essence, the law treats parents without a custody order to have equal share. Thus, the general rule is when there is no custody order in place, neither party can be charged is required to do anything and unless there is a valid court order, they often will not step in.

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Family Lawyer: Legal Eagle, Lawyer replied 2 months ago

If there are issues of abuse like you mention, it is probable that a court would be fine, but this situation puts pressure on both of the parents to get a custody order as soon as possible to avoid any indication of kidnapping. Without one, because both parties have rights, the non-custodial parent can take the child from the parent who took the child out of the state or out of the country and there is little the custodial parent could do. Plus, a parent who has possession of the child may unwittingly set themselves up to lose custody if they keep the child away from the other parent for too long. The parent who is not in possession could file a custody case and allege that the other parent is attempting to permanently take the child away, which means the sheriff could get involved.

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Family Lawyer: Legal Eagle, Lawyer replied 2 months ago

My strongest recommendation is to begin custody proceedings before too long. Although the practical realities are that nothing bad will happen, a non-custodial parent runs the risk of never seeing their child again and a custodial parent runs the risk of being considered a kidnapper.

Because I value your input, I would like to know what other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 2 months ago
what are the chances that he will get custody of my child is I dont have a job right now
Customer reply replied 2 months ago
no thanks
but thank you for your input
Family Lawyer: Legal Eagle, Lawyer replied 2 months ago

Having a job is only one part of it. If someone is abusive, the likelihood they will get custody at all is extremely low.

How else can I help today?

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Customer reply replied 2 months ago
that s all thank you
Family Lawyer: Legal Eagle, Lawyer replied 2 months ago

The pleasure is all mine! Unless you have additional questions, there’s just a few other things I’d like you to know before we wrap up this conversation:

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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