If I move out of state before my divorce, how does this affect child support and visitation?
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If I move out of state before my divorce, how does this affect child support and visitation?
I’m moving with my minor child to be with family after separating from spouse. I will file for divorce there. Do I have to be a resident of the other state a certain amount of time before filing for divorce? Do I file in the county I lived in before or my new county?
Asked on September 29, 2017 under Family Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You can file in your new state of residence once you establish residency; ti[ally after about 3-6 months, depending on the state. It would be in the county where you live. Also, you could choose to file in the state in which your husband lives, if that state's laws are more favorable to you. If you do move, you should file for temporary custody first (a permanent custody ordered will be issued as part of the divorce). Otherwise, if your husband files he may be able to keep you from leaving or, if you have already left, he may be able to make you return or be charged with parental kidnapping. At this point, you should consult directly with a divorce attorney who can best advise you further.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You can file in your new state of residence once you establish residency; ti[ally after about 3-6 months, depending on the state. It would be in the county where you live. Also, you could choose to file in the state in which your husband lives, if that state's laws are more favorable to you. If you do move, you should file for temporary custody first (a permanent custody ordered will be issued as part of the divorce). Otherwise, if your husband files he may be able to keep you from leaving or, if you have already left, he may be able to make you return or be charged with parental kidnapping. At this point, you should consult directly with a divorce attorney who can best advise you further.
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