Legal Question in Family Law in Texas
My ex-husband and I are joint managing conservators of our 2 children. I have the exclusive right to designate the primary residence of the children. Our daughter went to live with my ex-husband 2 years ago, and he is now refusing to let her come back to live with me. What are my rights and how should I proceed? (decree of divorce established in Texas)
Asked on 3/30/10, 3:25 am
1 Answer from Attorneys
Mark Dunn
Mark D. Dunn
You should file an application for writ of habeas corpus to have your daughter returned to you. At the hearing (which will take place within ten days), the only issue is the right to possession of the child - not "best interest."
Answered on 4/04/10, 5:36 am