Legal Question in Family Law in Texas
My friends is trying to get custdy of his children because his wife is bipolar and is not on medication. she recently took his kids with her to a domestic violance shelter. But here is the thing!! she did not have a mark on her niether did the kids and the entire time the kids were calling for daddy but would not let anyone touch them not even the mom! so she called and wanted to come back and he found out everything...so now he wants to know how to file for a divorce while keeping the kids in his custdy!?
2 Answers from Attorneys
He should hire a lawyer, file a divorce petition, and ask for temporary orders.
The first thing he should do is file for divorce. In most counties, automatic orders go into place which mandate that neither parent can hide or secret the child, change the child's residence, change the child's school, raid bank accounts, and other such bad behavior. In his petition, he could request temporary orders placing the children in his primary care, making orders for the payment of child support and possession rights of mother, etc.
Honestly, he's going to need an attorney in order to navigate what is a very complicated system. If he doesn't plead his case in the initial pleadings correctly (or any way though, for that matter), he very well may NOT get what he needs to protect his children.
Good luck!
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