Legal Question in Family Law in Texas
My exwife has been declared missing by the local authorities, they suspect foul play, she is the primary care parent, im the non custodial parent. She has been declared missing for 9 days. Right now he is staying with his Grandmother, my ex wife's mother. Am I legally able to take over custody? If not, How long do I have to wait before I can gain custody? If forsome God awful reason she is declared deceased, do I automatically gain custody?
1 Answer from Attorneys
Without knowing why you are NOT the primary parent, no one can give you a very good answer. But if you are not the primary parent simply because she IS (meaning you were not denied primary status due to malfeasance or inability on your part), then you can go get the child right now, unless there is a court order to the contrary.
If CPS or the court placed the child with grandmother, you need to hire an attorney before you do anything drastic, like grab the children.
Sorry to her about the children's mother.
Good luck!!