Legal Question in Family Law in Texas

I am a mother of two who was in an abusive marriage to my now ex husband. I took my children with me from Texas to Indiana and didn't tell anyone because I didnt want my ex to find us for fear of what he might do. He filed for divorce and emergency custody and got custody of my children. I have not seen my children in almost 3 years but am only allowed to talk to them. He will not let them come here and visit me, he wants me to get the money to go to texas every month and I just don't have it. I woud like to know if there is any way I could get my tw children who are 7 and 9 emancipated temporary so that I could bring them home with me to Indiana and then reverse the emancipation and file for full custody. My children are being mentally and emotionally abused. The ony physical abuse was my ex husband to me. And he also emotinally, and verbally abused me. So would that work if I was able to get a temporary emancipation and then ater get full custody so that my children don't have to go through any more abuse and neglect?


Asked on 12/25/09, 12:47 pm

1 Answer from Attorneys
TC Langford Langford Law Office

You need a Texas lawyer to file for a modification of the original order (and possibly an enforcement). This is their residence, and the court is not likely to relinquish jurisdiction under the facts you describe. Three years is a long time to not see your children, and the court will want to see what efforts you have made to exercise visitation, and what actions he has taken to deny that visitation.

Read more
Answered on 1/06/10, 5:17 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas