My wife and I just separated a month ago. She put our son into a mental hospital to keep him from me. Can I get him out?

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My wife and I just separated a month ago. She put our son into a mental hospital to keep him from me. Can I get him out?

My wife left me for another man. We have 2 kids. She’s moved in with this man and
has kept my son from me. Our daughter is staying at the in laws house because she
doesn’t want to be involved. She is pushing me out of the picture, blocked me
from his cell phone, and to keep me from going to pick him up at school, put him
into a mental hospital saying he was out of control. I wanted to removed him and
the nurse told me it would take a court order. She has the new boyfriend listed
on the list but not me. I filed a petition for divorce but no custody orders are
in place and she hasn’t even been served yet. She changed the bank accounts and
basically blocked me from everything. He’s mildly autistic but not severe enough
to be there or any type of group home etc and I want him to come live with me.
Can I pull him out? I am on his birth certificate and we were married when he was
born.

Asked on November 28, 2017 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Please, please, please go and seek legal help ASAP.  You have already said that the hospital will not release him without a Court order.  If you go there they will call the police, I am sure.  So go and have her served and file an Order to Show Cause for temporary custody or go to Family Court and do it now. Get a temporary order of custody for him and then they will release him to you.  Allege abuse and neglect since really placing a child in such an institution who does not belong there falls under these headings.  Good luck.


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