Legal Question in Family Law in Texas

My wife and I decided a while ago that we were done, we just haven't filed anything yet. We lived in Texas together, that's where I'm stationed, and she went to Oregon when I deployed to be with family when she had the baby. After the baby was born, and me still in Iraq, she moved to Nebraska without me knowing about it. I didn't want her to go in the first place, but she insisted she was just visiting. That however wasn't true. now I'm back in the states, we still haven't filed anything and I haven't been able to leave Texas to go and see my daughter. I've been told that because we're still legally married, with nothing filed that I can go and get her myself and make her fight me for custody. Is this true?


Asked on 4/27/10, 6:29 pm

1 Answer from Attorneys
Ken Gober (Austin TX) Lee, Gober & Reyna

Be very careful in provoking a custody battle. Remember that just as you want custody of your daughter, you should realize that your wife also wants custody. I suggest that you not use your daughter as a tool to try to go after your wife in a divorce, for the sake of your daughter you should at least try to come to a reasonable and rational solution for the divorce / child custody.

I am an Austin Uncontested Divorce Lawyer but I handle Uncontested divorces throughout Texas for a flat fee of $875 (that includes court costs). I you would like to discuss an uncontested (low cost) divorce please feel free to contact me. (512)478-8080.

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Answered on 5/03/10, 8:49 am


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