Legal Question in Family Law in Texas
marriage, divorce, jail, custody.
hi, a man from texas killed a girl in San antonio and also raped his wife. he is now in jail for life. the wife is filing for divorce and she is worried that he might decide not to sign the divorce papers. Is there anything that can be done about that or is she married to him for life? Now, they have 2 kids, since he is in jail for life, does he lose his rights over them? if she gets remarried, can the guy she marries adopt the kids, or does her ex-husband still have to give his consent. Can that issue be settled in the divorce? any answers to any of these questions would be appreciated. Thank You.
2 Answers from Attorneys
Re: marriage, divorce, jail, custody.
She can get a divorce from him while he's in prison. I do them all the time.
Regarding the other questions, she needs to talk to a TX attorney about all her options.
Your questions would require too much time to discuss each of them all. A free website is not an appropriate place to discuss all of these questions.
If she lives in the Houston area, she can contact me for a price quote.
My fee to sit down and talk for an hour is $150.
Perhaps that would buy her a lot of peace of mind.
Re: marriage, divorce, jail, custody.
Yes. The wife can have the divorce, even if he does not want to sign the papers. On the other hand, the father's parental rights can be terminated by the court, we would have to argue the reasons to the court, and based on the facts, it would seem as the best interest of the children is not to have a relationship with the father.
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