Legal Question in Family Law in Texas

I have been separated from my wife for 17 months.We have no legal papers stating custody or separation. In which time I've had physical custody of my 6 children for 12 months. She has recently moved to the area and has periodicaly taken a couple of the kids over night.

She has no job, and no real residents. I have a good paying job and have 3 responsible adults, besides myself, that help care for the children. I have also have lived in the same place for 9 months and had the same job for 10 months.

What legal rights would I have if she took off with 1 or more of the children?


Asked on 6/04/10, 7:10 am

1 Answer from Attorneys

You will have the right to petition the court for a Writ of Habeas Corpus to return the child(ren) to your possession. If it's awarded, law enforcement could assist you in executing the Writ and getting your children back.

However, before you begin spending huge amounts of money on emergency Writs, you should instead petition the court for orders on possession and conservatorship. If you are delaying getting a divorce for personal or religious reasons, you still have rights. You don't need to get a divorce in order to get custody orders, which is what you (and the children) need to protect yourself from a situation like that.

Hope that helps. Good luck to you and your family - take extra good care of those kiddos since they don't have their mom around much these days.

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Answered on 6/04/10, 10:31 am


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