Legal Question in Family Law in Texas
How can I get a legal form made granting me custody of my children in case of & prior to a divorce? My wife says she would give me custody, but I want it legally documented. She is not trustworthy to keep her word.
2 Answers from Attorneys
There is no such thing.
File for divorce NOW and ask for temp. orders. Only a judge can sign a temp. order granting you temp. custody of the kids.
A piece of paper, even notarized, can be revoked the next day.
Sorry!
I respectfully disagree. I believe you are entitled to setting forth the parenting rights and parenting time (i.e. conservatorship and possession) as between you and your wife by way of initiating a Suit Affecting Parent-Child Relationship pursuant to Texas Family Code Chapter 102. While it would be untraditional (most married folks get their rights and duties regarding their children spelled out by way of a divorce decree), I believe it is available to parents who are still married.
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