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My common law wife is trying to move out of state with my…

Customer Question
My common law wife...

My common law wife is trying to move out of state with my daughter can i stop that

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Texas

Lawyer's Assistant: What steps have you taken so far?

Nothing i just found out tonight and have my daughter

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have alot to much to text

Submitted: 4 months ago.Category: Legal
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Customer reply replied 4 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 4 months ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Answered in 34 minutes by:
3/15/2018
Lawyer: legalgems, Lawyer replied 4 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,653
Experience: Just Answer consultant at Self employed
Verified
Pet TX code 2.041 common law marriage is recognized on Texas and as such a child of the union is legally presumed to be the child of the couple and as such both are entitled to custody so long as the child is not concealed from the other.Under the UCCJEA the child's home state has jurisdiction and this is the state where the child has resided the past 6 months.
So essentially if a parent moves out of state the other parent may file a court case requesting the return of the child.In determining the custody issue the court will look to the best interests of the child. Generally if a parent attempts to alienate the other parent that is not considered in the child's best interest however the court will look at the whole picture to decide.Often they will try and preserve the status quo unless that was not healthy.Additionally if a court is asked to make a decision on whether a child can relocate the court will look to the motive for the move, the opportunity it may provide to the child, and whether it affects the parenting time with the nonmoving parent.
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Customer reply replied 4 months ago
Can i file for custody this morning i have my daughter at this time? Im afraid for her
Customer reply replied 4 months ago
The payment went tbrough
Customer reply replied 4 months ago
For a live call
Lawyer: legalgems, Lawyer replied 4 months ago
Your call request is not appearing on this page but it may have been directed to a different professional.Yes a parent may file for emergency custody if there is a threat to the child. The parent may file for protective orders as well.
It is best to hire an attorney to help expedite the process under emergency situations. Your local bar will have a referral service if you do not have an attorney.
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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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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