Legal Question in Family Law in Louisiana

child custody

My wife and I want a divorce but the necessary time has not passed. We have been living apart for just over a month. She lives in LA , I live in TX. I have the 4 (minors) children. She just got a citation for DUI, and has a serious injury to her foot. Sh has been clinically depressed for quite sometime due to her early childhood abuse. She is now seeking inpatient treatment for her mental conditions. Is there a way that I can get an injunction to keep the kids in TX so I can file for divorce in 6 months; and get child custody?


Asked on 9/02/07, 2:49 am

4 Answers from Attorneys
Andrew Casanave Andrew M. Casanave

Re: child custody

I do not know the Texas options (I am a Louisiana lawyer).

In Louisiana you can file for divorce now, resolve all of the child custody & support issues and when the proper time passes (probably one year after she is served with the petition) the divorce can be finalized.

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Answered on 9/02/07, 9:47 am
Johm Smith tom's

Re: child custody

I'm admitted in both states and you can get an attorney and start the process now, just as Mr. Casanave described.

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Answered on 9/02/07, 12:42 pm
TC Langford Langford Law Office

Re: child custody

Many lawyers have many opinions. I would suggest that you immediately file a Suit Affecting Parent-Child Relationship in Texas to resolve the issues of the children. You can get the divorce after 6 months of residency.

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Answered on 9/03/07, 6:06 pm
Fran Brochstein Attorney & Mediator

Re: child custody

Texas does not have jurisdiction until 6 months has passed.

Unfortunately, you are in limbo until 6 months passes.

I am a Houston attorney. If you have any more questions, you can contact me directly.

Fran Brochstein

www.familylaw4u.com

713.847.6000

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Answered on 9/02/07, 4:12 pm


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