Legal Question in Family Law in Texas
Separation/child custody
I have left my husband. I have been told that if I let him take our 2 children for the weekend and he refuses to give them back, there is nothing I can do about it. I do not have the money to file for divorce at this time. If I let him take the kids do I risk not being able to see them until I have money for a divorce? If I don't let him take them for the weekend will I be breaking any laws?
1 Answer from Attorneys
Re: Separation/child custody
Without orders of the Court concerning visitation, the children are just as much his as they are yours. So he is under no legal obligation to return them. You don't have to be the one to file for divorce, he can do it also. If the kids are with him, it is possible that he could get custody - depending on circumstances.