Legal Question in Family Law in Texas

my wife and i are separated and she has our son what are the repercussions if i were to take him?


Asked on 10/27/11, 8:02 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

I assume that no divorce has been filed.

If you can take the child into your possession without committing any violence, it isn't kidnapping, since you and the wife have exactly equal rights to the child.

But the authorities frown on "self-help."

You would do better to file a divorce and ask for temporary orders from the court.

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Answered on 10/28/11, 10:23 am


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