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?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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

Asked on November 28, 2017 under Family Law, Texas


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

Answered 5 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption