Legal Question in Family Law in Texas

Stolen Children

I was married in CA, we have lived in TX for four years. We have two boys. After an arguement my wife took the children to CA without my permission and sent me a message saying that they will never be back. How do I get my children back to TX? This happened 12/15/2008


Asked on 12/19/08, 3:17 am

3 Answers from Attorneys

Bruce Zivley Bruce C. Zivley, Attorney at Law

Re: Stolen Children

You need to speak with an experienced attorney very quickly. Since she has just moved, she has not satisfied the residency requirements to file in Cal., but she may very well do it nonetheless. You need to file a divorce suit in Houston immediately. Preferably you want to file first in time as compared to her. I am a board certified specialist in the field of family law, practicing in the general Houston area. Please contact me dircetly if you care to discuss this matter in more detail.

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Answered on 12/19/08, 12:12 pm
Jeffrey Brashear The Brashear Law Firm, PLLC

Re: Stolen Children

Based on what you have written, it appears that your children are not "stolen." Either parent may take possesion of the children. You should consider discussing your specific case facts with a local family law firm. You may want to consider filing for divorce within the county that you and your children have lived in for the past 90 days. If my local family law firm can assist you with this legal issue or any other legal matter, please contact my paralegal Tina ([email protected]) to arrange for an initial consultation.

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Answered on 12/22/08, 11:28 am
Fran Brochstein Attorney & Mediator

Re: Stolen Children

Your children are not "stolen". Either parent has the right to take the children unless there is a court order.

Since Texas does not recognize, legal separation, you will need to file a divorce and ask for temporary orders. You will need to serve her both sets of legal papers in CA. You will need a court hearing.

You need an experienced family law attorney. There are many on this website. Check us out!

I assume you are in Harris County. You need an attorney that knows the Harris County family law courts.

You need to do this NOW before she has legal residency in CA.

Best of luck!

Happy Holidays!

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Answered on 12/19/08, 3:44 am


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