Legal Question in Family Law in Texas

Child custody
My wife and I were voluntarily seperated. She was staying in the home of her sister and husband. I heard disturbing information about the husband (from a close family member of his) leading me to believe my children were in danger. I went and got them and took them to my home. My wife accompanied me. The brother in law called the sheriffs office. The deputy who responded placed me in a corner under threat of ''If you move I will lock you up and put you in my car''. When I protested I was told ''Sit over there and shut the fuck up'' I was not allowed to explain my actions. As he was escorting my wife and kids to the brother in laws car I asked him ''why are you taking my kids from my home and placing them with a pervert''. There was not then (or now) any court order granting custody to either party. I feel that I acted responsibly and did did what any parent would feel compelled to do. Did this deputy act lawfully? Do I have any legal recourse. My wife now knows the truth and is not staying there any more. I moved to Mo, because I refuse to live in a state where law enforcement officials are allowed to put children (ages 8 and 6) in harms way. I tried to talk to his suoervisor but was threatened with arrest.

Asked on 2/11/08, 7:20 am

2 Answers from Attorneys

TC Langford Langford Law Office

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Re: Child custody

Ms. Bushman is correct, the question you ask is more of a criminal law question.

Your situation, however, presents several issues. Moving to MO does not seem to protect your children, just puts you further away from them, lessening your contact with them. In order to have 'rules' during this separation you need court orders.

You state that your wife went with you -- why didn't she state she wanted to stay with you with the children?

Whether the deputy's actions were legal depends on what else was happening at the time. Was your wife telling the deputy that you were dangerous? It may have been a volatile situation that needed calm and separation to avoid a worse outcome.

Get a lawyer to represent you in the county where the children now reside.

Answered on 2/12/08, 10:23 am

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