Legal Question in Family Law in Texas

My son is separated from his wife of 3 years, they have 2 children 2.5 years and 6 months. Since he was toild to leave their home he has been denied access to his children, she won't let him have then by himself. Does he have the right to go over to his house and pick up his children in a respectful manor and ask again for his children to be with him if just to take them to the park and just be with them Can he call the local police and file charges on her for not allowing him access to them while he is outside his home?

Thanks


Asked on 2/20/11, 6:11 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Your son needs to hire an attorney immediately.

Calling the police is not appropriate. The police, sheriff or constable do not want to get involved. This is NOT a criminal matter. It is a civil matter that needs to be handled in the civil courts. If he calls the police this is what he will be told.

Here is a common horror story --

Your son shows up and his wife calls the police. Your son will be arrested and criminal charges will be against him. He will need to retain the services of a criminal attorney. These are expensive. He will spend some time in jail. He could lose his job for not showing up to work. A protective order will be issued against him for injury to his wife and children. Then the protective order judge will order that he not have any access to his wife and children. to Then his wife will file divorce against him and ask for sole custody of his children. She will also ask for all his visits with the children to be SUPERVISED & that these visits be done only once a month for the next 3 years. Does it happen? Yes, all the time.

Please have your son call an attorney immediately before he tries to "respectfully try to visit with his children".

I suggest that he contact Patricia Bushman at 713-807-9405. She is a family law attorney that will meet with him for free. She takes payment plans. She has a lot of courtroom experience. He needs to file for divorce and ask for temporary orders.

Texas does not have legal separation so if she won't let him see the children his only option is to file for divorce and ask for temporary orders in order to have any rights to see his children.

Sorry!

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Answered on 2/20/11, 2:32 pm


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