Texas Laws on Divorce (Dallas, Howe: salon, lawyers, home)

[Reneemm]

Hey everyone! I need some help and hope you all can assist me with this matter. My son is from Texas born and raised he was stationed in Utah for 2 years and married a girl from Utah. They moved to Texas almost 3 years ago and now all the sudden guess what she misses the Mom and the Mountains --- and is wanting to just up a leave move back to Utah in and of course take my 2 grandchildren that are 1 & 3, my son makes good money and the have purchased house, cars, camper, 4 wheelers you name it.. She was going to leave my son about a month ago and I told her you can not go anywhere if he was to file now she can not just up a leave this state... Am I right about that. I believe she plans on filiing when she gets there in Utah as she told this to a family friend. Can she do this? They are Texas residents.. I am heart broken my grandbabies are moving...PLease do you all have any advise.

[stargazer]

Custody of the children will probably go to your daughter in law. Whoever the child is living with at the time of divorce is usually the person who gets custody.

I am sure there is more to the story than her just missing her parents and would tell you from the point of view from seeing my own parents divorce, as a mother in law, stay out of it. Don't talk mean to her at all, it could just alienate your chances of seeing the grandchildren. My grandmother and great aunt would talk so bad about my mother when my parents were divorcing. My aunt accused her of seeing her with another man and said so because she was on a bus and looked down and saw my mother driving one of her employees home. My mom owned a tanning booth salon and the KID she was driving home, his car was in the shop. He was just a teenager.
She went around telling everybody who would listen about that and it hurt me and my brothers. My grandmother would make fun of my mother's looks, tell me that she didn't love me and she was doing wrong. My mother's mom, she never said a thing about my dad or the divorce and guess what? I had a better relationship with my mother's mom than I did my father's mom in the end.


The best thing you can do is hold your tounge, love your grandchildren and also be as loving as you can be to your daughter in law too.

[HaveALife]

she can get up and leave if she is not happy. she can file in Utah, but I don't know that resident laws in that state. It is never a easy deal.

It would be better to file in Texas, divorce in Texas is quicker if the parties agree. However divorce is never easy when there are kids, property and broken hearts. You are going to have to love those grandchldren and be their grandmother. BUT stay out of takng sides in your son's marriage. You are not married to your son, you do not know what is going on in their house. So pray for their marriage and family.....

[Poltracker]

First, I would always consult and attorney...not a message board. But if I recall correctly, Your Son and DIL have established residence in Texas and because of that, custody should be ruled by a Texas court. If the DIL ups and leaves and manages to establish residency in Utah before the case is filed, there could be trouble. If I was your son, I would head it off and file right now before she gets up the guts to leave. Again, your son really needs to consult with an attorney. Right now, your DIL can get up and go where she wants.

[gabetx]

If your son makes more money than your daughter-in-law and the home is under his name, chances are he can get the kids. But yall will have to up a fight for it.

[Bily Lovec]

go here:
www.dadsdivorce.com
read "the List" they also have a very active forum moderated by lawyers.

[FarNorthDallas]

Texas judges can and do restrict the custodial parent from moving away with the kids, either by saying they can only live in certain counties and no where else or they can't move 100 miles away.

[stargazer]

Yes that is true what FarNorthDallas has said. I have a friend who had to get the judges permission to move Lake Whitney, her ex husband would not allow it and therefore could not move.

.

[MaryS80]

I will also ditto what FarNorthDallas said. That's the way it worked when my parents divorced in 1992. My only concern is the kids are not school age. Keeping kids in the same school or school district is one of the easiest ways to keep a parent from going out of state. There are attorneys who specialize in fathers rights. I believe Texas divorce laws do not allow for alimony payments, so that may be in his interest.

[SanAntoQT]

Originally Posted by gabetx

If your son makes more money than your daughter-in-law and the home is under his name, chances are he can get the kids. But yall will have to up a fight for it.

Having more money or property has no bearing on who would get custody of the children.

I agree with the others who say Grandma needs to stay out of the line of fire. Just love your grandbabies and don't bad-mouth your DIL.