Legal Question in Family Law in Texas
possession of the children prior to filing for divorce
My son and his wife recently separated. At the time of separation his wife agreed that it was in the best interest of the children (2 boys) that they stay with their father since she had no job and was having to stay with her parents. My son readily agreed. She then called asking to see the children for visitation over a weekend. At the conclusion of the weekend she now refuses to return the children or allow my son visitation or to even talk to the boys. They have not yet filed anything. Can she be stopped from refusing to allow my son access to his children?
3 Answers from Attorneys
Re: possession of the children prior to filing for divorce
Well, all that have responded to you thus far are DFW attorneys. I hope you are in this part of the state. I echo the comments of the other attorneys. The mom can hold the children currently because there are no orders in place to say she cannot. If your son had possession, the same would hold true. Therefore, filing suit to obtain court orders is very important. Because they were with him predominantly until very recently, his chances of obtaining temporary custody at a temporary orders hearing (which will be in only a few weeks) are far better if he files suit now.
Re: possession of the children prior to filing for divorce
Not short of filing suit. If your son intends to seek custody of the children, then he should proceed to court immediately because the children have been with him and in temporary orders the court's job is to preserve the status quo.
Re: possession of the children prior to filing for divorce
If your son wants them back, he should file for divorce and seek temporary orders, immediately. The Court may grant him temporary primary custody but at the very least, set up a vistation schedule. Dont delay as this will only decrease the chances that your son will get custody.
If in North Texas, call me if you like me to help.
John Pfister
972-712-9208
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