Please help. Mother of child wants to move from MN to Tx

[ksat]

My brother got married a couple of years ago. A few months into the marriage she became pregnant. A couple of months after that she took off down to Texas to live. My brother tried to fight her on this but does not have the money for a lawyer. She had the baby in Texas and didn't even tell my brother when she had her. My brother is in the military so he couldn't just rush down to TX to reside.

When the baby was about 2 months old he moved down there so that he could see her. Then out of the blue he gets papers in the mail saying that they had a divorce hearing and since he didn't show up the Ex got all custody. He didn't even know there was a hearing. I assume she gave the courts false information by saying he still lived in MN.

He spoke to a couple of lawyers and to the court and they gave him the impression that even though he didn't know about the divorce, there was nothing he could do. He lived down there for a few more months and after not getting to see his daughter, because of the ex's parents mostly, he moved back home to MN.

6 months ago she wanted to move back to MN. My brother and I took what money we had at the time and drove down to pick her and his daughter up. They then tried to work things out by living together for awhile. Now he is away for training in New Jersey for the month and she is threatening to move back to Tx again!

Can she do this since she and the child are now legal residents of MN? Does anyone know what the laws are or maybe point me in the right direction? I just don't think this is fair to him or his daughter. Thanks for any help you can give.

[Gbyte]

Yes...she can move again. She has custody and therefore can move wherever she wants.

Good luck...

[ksat]

Originally Posted by Gbyte Yes...she can move again. She has custody and therefore can move wherever she wants. Good luck...

Would he have to go back to Tx to get joint custody or would he easily be able to transfer the case to MN before she moves again?

[Gbyte]

If he can contact an attorney now in his home state and start a case, he may be able to get a change. I would definately recommend he seek a consultation quickly....

[ksat]

Does anyone know of an injunction that he can file with the courts to keep her from leaving the state at least until he gets back to the state and can try to take care of this matter?

[Gbyte]

He needs to contact an attorney I'd beleive. There is an ask an attorney section here for 10 dollars that may be able to provide better info....