Legal Question in Family Law in Texas

divorce, not filed yet

My brother is going to file for a divorce, him and his wife split up little over a week ago. His wife when left took there child and he has not seen him at all. What I am wanting to find out is with a divorce not being filed yet can she keep him from his son? Does he have the right to go to the school and pick him up? I guess I am wanting to know is the child fair game , who has him can keep him till court or a temp. of custody is filed? Sorry so many questions!!

Thank you


Asked on 4/19/07, 4:48 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: divorce, not filed yet

Ideally, they would talk, and rationally resolve some of these issues. Often that is not an option. When his attorney files for divorce, he should ask for temporary orders so that the judge can enter orders for visitation and support during the pendency of the divorce.

Prior to any court orders, she has the right to keep the child. He has the right to pick up the child from school. If either parent hides the child from the other parent, then expect the judge to treat that parent harshly.

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Answered on 4/19/07, 4:53 pm


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