Legal Question in Family Law in Texas

My boyfriend and his "wife" have been separated for the past two years and have been sharing custody of their 3 children but have yet to file for divorce due to money trouble. She has threatened to take the children and move to a different city with her boyfriend. She is pregnant with her boyfriends child so I know that Texas will not grant a divorce until the child is born but is there anything my boyfriend can do to keep her from taking his kids?


Asked on 4/24/11, 7:21 pm

2 Answers from Attorneys

Bob Leonard Bob Leonard Law Group, PLLC

Why did you put quotes around the word wife? Are they married or not? If they are, then he should file for divorce and get temporary orders restricting the children to one county. If they are not, then he should file a suit affecting the parent-child relationship and do the same thing. Most of the time, a court will not let one parent move the children away from the other parent. If the mother, however, moves first and establishes the children in the other city, then the result might very well be different.

You need an experienced family law attorney to help you. He or she should tell you that some judges will allow a divorce while a wife is pregnant and others will not. I have done so and also not been allowed to do so. It depends on the judge.

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Answered on 4/25/11, 1:17 pm
Fran Brochstein Attorney & Mediator

I agree with Bob Leonard. One of the spouses needs to file for divorce and ask for temporary orders. This is not complicated. Temporary orders are done is 50% of all divorces. It tells the parties how things will be handled until the Final Decree of Divorce is prepared.

You did not include information on where the husband lives in Texas. Look on this website for an attorney in his county. There is also www.avvo.com. Both websites all people to post questions and attorneys can answer questions for free. You can read attorney answers and you can decide if you like an attorney before you call them.

If you are near Houston, Texas, I suggest that you contact PATRICIA BUSHMAN at 713-807-9405. She offers payment plans. Her first appointment is free. She has been practicing for over 15 years. I rent space in her office so please tell her that FRAN sent you.

Good luck!

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Answered on 4/25/11, 7:12 pm


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