Legal Question in Family Law in Texas
Husband in prison, filing for divorce, child custody
My husband has been in state jail in Texas for almost 2 years. He will be getting out in around 3 months. We have a 2 year old son. He says he won't give me a divorce until he gets out of state jail, what are the saws about divorcing with one partner in prison and his rights to the child? He says he will fight for our son. I have no criminal background. Thanks
1 Answer from Attorneys
Re: Husband in prison, filing for divorce, child custody
I'd hire an attorney on Monday and get the divorce filed and get him served in prison.
It's easy to serve in prison -- they just serve the person that answers the door. You know where he is 24/7!
You need an attorney to protect your rights.
FYI: Many people threaten to get custody. Often it is done just to scare or hurt the other person! It's a very intimidating statement.
I don't know why he was in jail, but I doubt the judge in any county in Texas will give a 2 year old child to a man that JUST got out of jail.
If he's in jail for DWI or drugs, I would bet 99.5% that you'll get custody -- maybe even sole custody.
Look in the Greensheet and other local papers. Ask around. There are reasonably priced attorneys out there!
Happy Thanksgiving!
Fran Brochstein
www.familylaw4u.com
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