Legal Question in Family Law in Texas
My husband and I are having marital problems and I want to file for divorce. He is threatening to leave the house and take my 11 month baby somewhere else. Are there any laws to prevent this from happening before the divorce is actually filed?
1 Answer from Attorneys
Until a judge decides otherwise, your rights and your husband's are identical. Of course, if either parent keeps the child from the other parent, then the court will not likely be happy about that.
When you file the divorce you can request a temporary restraining order and temporary injunctions to keep him from taking the child. Of course, if he files first, he can do the same. This will help get you a hearing within 14 days rather than a month or so.
You need to talk to an attorney immediately to preserve your rights. Good luck.
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