Legal Question in Family Law in Texas
Sticky situation-divorce/custody
Okay-here goes. My husband filed divorce petition. We had custody issues of course and had played ''keep/hide the kid for the past year. Day before court hearing we decided to try to make it work ONE more time. Judge ordered counciling etc and in temp orders SON TO RESIDE IN DFW AREA. If we split -then we have alternate weeks. Husband decide after 2 weeks he was in love with girlfriend-went back to Kansas and left child with ME. Otherwise he would be in violation of court order-(judge was adament about noone playing keep the kid.) NOW husband says he plans to nonsuit after he picks up son for visitation-SO THERE ARE NO ORDERS AND HE CAN TAKE HIM TO KANSAS FOREVER. NO-I do not have an attorney because I could not afford one. HE used LEGAL AID-so I couldnt. WHAT DO I FILE AND WHERE?? TO KEEP HIM FROM TAKING MY SON AND LEAVING STATE? Can I talk to the judge/court and inform them what he plans to do? HELP!
2 Answers from Attorneys
Re: Sticky situation-divorce/custody
Set if for final hearing and give him notice that way the order is final and enforceable everywhere.
Re: Sticky situation-divorce/custody
No, the judge will not let you talk to him. If you're not going to get an attorney, why let him have the child? He has no Texas residence so he is obviously going to remove him from TX in violation of the order. You better find a way to get an attorney or you going to lose the child and spend time in jail for contempt. Good Luck.