Legal Question in Family Law in Texas

a couple seperated without (legal) separation. children are involved.

The spouse with the physical custody of the kids moved another mate into the house which in the state of texas constitutes adultery. The separated spouse is not allowed to see the kids according to the possive conservetor without child support, yet still (no legal) seperation has

taken place. Who is responsible for child-support?


Asked on 7/02/01, 3:48 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: a couple seperated without (legal) separation. children are involved.

Let me see if I get this --

you and your spouse are separated--

your spouse is living with someone--

you are still legally married--

no one has filed for divorce--

you cannot see the kids--

no one is paying child support.

Based on those facts, file for divorce and ask for temporary orders you will get visitation and you will be ordered to pay child support.

You can ask the Judge not to allow any one in the house of the opposite sex overnight or from 10 p.m. until 6 a.m. if the children are in the house.

If you want custody, you need to file for divorce and get temporary orders.

If you live in the Houston area and need to talk further, please give me a call at 713-847-6000. Be sure to let my secretary know that you found me on Lawguru.com

Best of luck to you!

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Answered on 7/03/01, 7:51 pm


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