Legal Question in Family Law in Texas

Re: Child Custody

To supplement the other attorney's answer, you need to be aware that Texas does not recognize "separation". If you are not from Texas, you need to forget everything you know about separation from other states.

Before the divorce is filed, both parents have equal rights to the minor child. That means if you have the child with you and refuse to turn him over to the father the police (usually) won't interfer with 2 married people fighting over the children. If you have the child with a relative or friend, the police will take the child and give the child to the other parent -- because a parent always has more rights than a relative or friend.

Temporary orders are necessary. If you live in the Harris county area, I charge a deposit of $895 to begin a divorce with temporary orders (this includes service and filing fees). I then take weekly payments.

If you feel like you are in danger, I strongly urge you to take your child and go to a shelter.

Regarding custody, the court will determine who gets custody of the child.

I urge you to talk to an attorney about the specific facts in your case.

If you live in the Houston area, please call me at 713-847-6000. Be sure to let me know that you found me on lawguru.com

Good luck!

Re: Child Custody

If there is no Order in place, either of you can take the child and there's nothing either can do about it. Even if he is the one who takes the child, you can file for divorce and then get temporary orders in place with a few weeks. Let me know if I can assist you further.

Re: Child Custody

You can file for divorce, obtain an ex parte TRO to prevent him from hiding the child from you and schedule a hearing within two weeks where you can obtain temporary primary custody of your child, exclusive possession of your house, ect. Of course, he can ask for the same. No way of telling you in this email if you will win or your husband will. Talk to an attorney and good luck