What rights doI have as a mother of2 seperating from my husband?

Get Legal Help Today

 Secured with SHA-256 Encryption

What rights doI have as a mother of2 seperating from my husband?

Asked on October 10, 2011 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In the State of Texas, both parents have equal rights to their children until a court order says otherwise (regardless of gender).  In Texas, you are either married or divorced.  There is not a “legal separation” clause, even though temporary orders may have similar results.  This means that until you file for divorce and get a temporary or final order awarding you custody, either one of you can pick-up and/or retain the kids at any time.  For example, if you drop the kids off in the morning, your husband could pick them up from school without telling you and keep them… because there is not a court order setting down ground rules.  If one parent already has possession of the child, and the other parent is demanding return of the child, the police will not require the parent in possession to relinquish control without a court order.  The time frame from when parents split until the time they obtain custody orders can be extremely frustrating for parents and children.  Even though the law tends to allow for “snatch and grab” games between parents, it’s not generally a good idea.  Regardless of the permissible nature of the game, courts tend to frown on parents that place their children in the middle of an emotional tug-of-war game. If you are concerned that your husband will take and not return your children, visit with a family law attorney about filing for at least temporary orders granting you custody while your divorce is pending.  This may seem a bit extreme, but set rules tend to provide for more stability for your children and more protection for your rights as a parent.


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 AttorneyPages.com 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 with SHA-256 Encryption