Legal Question in Family Law in Texas

My brother and his wife are seperated and not yet divorced. When he asks her if he can pick up his son she says no. What is it that he can do to be able to see his son without being accused of kidnapping or anything like that?


Asked on 8/19/09, 12:38 pm

2 Answers from Attorneys

Patricia F. Bushman BUSHMAN LAW OFFICES

Hire a good family law attorney; file the divorce; get Temporary Orders that set possession and access.

If there is no order, technically he has a much right to the child as she does.

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Answered on 8/19/09, 12:48 pm
Jeffrey Brashear The Brashear Law Firm, PLLC

Based on what you have writtent, your brother needs to retain a law firm to assist him with proceeding on his divorce. Once the petition for divorce is filed, the law firm should set a hearing to obtain some temporary orders which will control the possesison and visitation of the child. Until there is a court order both mother and father have equal rights to the child. If my law firm can assist your brother with this legal issue or any other legal matter, please contact us at [email protected] to arrange for an initial consultation.

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Answered on 8/19/09, 1:19 pm


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