Legal Question in Family Law in Texas

Re: Child Custody & Divorce Problem

At the beginning of divorce proceedings, courts can and will often issue a stopgap measure called "temporary orders", which set the rules for custody, child support and the possession of community property.

If you believe there is a high chance that the husband will leave and take their son, it may be in the wife's best interests to go ahead and seek a divorce and request a temporary restraining order that would forbid the husband from hiding the child from the wife. Along with the divorce petition, she will want to seek temporary orders giving her managing conservatorship and the right to determine the residence of the child.

If the court grants those temporary orders as she requests them, the child would be in her possession, with likely periods of possession by the father, until the court can enter a final decree of divorce in the matter.