Legal Question in Family Law in Texas

My spouse and I are separated but still legally married. Spouse takes our children and holds them away from me without letting me see them anyhow. When the spouse is at work, the children are being watched by my spouse's relatives. The question is - do my in-law relatives have a right to hold my children away from me, while the other parent, who took them away from me, is at work, i.e. - is not present with the children at this very moment, at this very time? I was told that it is legal to refuse the other parent to see their children, because we are still officially married.But what if it is the spouse's relatives who are keeping the children away from the second parent? Is it legal? Do I have a right to call CPS and/or Police if I know my spouse is not with the children right now, to have children back from the in-law relatives who are holding them? Is there any law that grants my spouses's relatives the same "parental" rights so they feel free to hold my children away from me? NEITHER of the spouses has a court order for custody and/or any restrictions. Both children are under age of 3, one is 2 months old. Thank you


Asked on 1/06/16, 7:27 pm

1 Answer from Attorneys

Thomas Daley KoonsFuller PC

Your instincts are right. The in-laws have no rights.

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Answered on 1/16/16, 10:22 pm


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