What are my rights as a parent to leave the state with my children? 15 Answers as of November 07, 2011

You are required to provide him with at least 30 days written notice by sending him a registered letter. If he files an objection with the Court then the matter will be set for a hearing. You'll have to show that you have a good reason to leave the state and the court may require that you pay the costs of him having to travel further for visitation. The court may even prevent you from taking the kids and give your husband primary custody.

If a divorce petition has been filed, you must obtain permission of the court to remove the children from the state. Also, you can remove the children from the state if you get the agreement of the father.

Both Mom and Dad have equal rights until a court says otherwise. So, if you have no court orders limiting you . . . your only limitation is what you make it. That said, if you leave, he can file for divorce here in Texas and ask the court to order you to return. If he does this immediately, the odds are good, the longer he waits, the less likely the court is to grant the request and if you stay in the other state for 6 months, you could file there.

You and your husband have equal rights to legal and physical custody at this time. However, there is no law preventing you from leaving the state with your children.

If you have what you suggest is a shared parenting plan, you should file your divorce action with a motion requesting relocation to another state.

Ca has home state jurisdiction to determine these issues. You could move and be could file compelling you to return.

You must file a request with the court that you be able to move with the children or you must have the consent of the other parent.

You don't indicate how you "both have custody" so it isn't possible to clearly answer your question. If you mean there is a court order that establishes custody rules, that court order (or the court that issued it) is the source of an answer about whether you can take the children to another state. If there is no court order, then there is no law that establishes an answer about what you can or cannot do. That means your problem, if you choose to move over your husband's objection, is what he chooses to do.

If there is no pending court action, then you should be able to leave without any difficulties (you won't be breaking any laws, court orders or kidnapping your children). Always best if you have his consent though, as there is nothing stopping him from immediately filing a divorce action and asking that the court order you to immediately return the children to the State of Florida.

You have the right to relocate with the children. However, it is possible that your husband could file for divorce in your current state.