Legal Question in Family Law in Texas
I wanted to file a petition for divorce. But before I can, my wife took off (forcing the children to go with her) and checked into a "women's shelter'.
How can I have the divorce petition served to her if I don't know her whereabouts and of course, the woman shelter will not release her info either.
Can I get a temporary restraining order (when filing for divorce) obtaining all the rights and duties of a parent joint managing conservator for the children and have the sheriff go to the women's shelter to require them to let them serve my wife with the papers? Or can the women's shelter legally turn down the sheriff's request?
1 Answer from Attorneys
The women's shelter has an office somewhere. You can ask the Judge to order substituted service under Rule 106(b)(2) of the Texas Rules of Civil Procedure - by serving someone at the office itself.
Your judge has probably seen this situation before - it's not uncommon.
You CAN get temporary orders that give you custody, but you have to serve Mom first.
And you can subpoena the records keeper of the women's shelter and make her come to Court for your hearing.
Be prepared to write your lawyer a big check.
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