Will taking my son from my separated wife’s home play out bad for me in court?

Get Legal Help Today

 Secured with SHA-256 Encryption

Will taking my son from my separated wife’s home play out bad for me in court?

We had an agreement on separate days having our 1 year old son in place for 2 months. She decided she didn’t want to anymore and is keeping him from me, not allowing me to keep him with me. We have not filed for divorce yet and do not have a custody order. She is about to allow me into her home to see my son. If I take him out of her house and keep him, will that turn out bad in court on my side? I don’t have the money yet to pay a lawyer so it would be months before I could get a custody order, I can’t fathom not having my son that long. Even though it’s not a legal agreement, will her breaking our agreement help me in court?

Asked on August 14, 2015 under Family Law, Texas

Answers:

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

Answered 5 years ago | Contributor

The courts don't like "child snatching" between parents, but they also don't like it when one parent withholds a child from another.  She broke the agreement first-- so you are not bound by the provisions of the agreement. 
Until a court order is in place, you each have the same rights to your child.  If you decide to keep him longer, then she cannot file charges on you.  The problem is that this creates drama that is not healthy for your child.  If you cannot afford an attorney, you can still file for divorce using some of the new pro se forms online and request temporary orders which grant you joint possession of your son.  If you don't know how to fill out the form, then you can get help with the completion of the forms.  More and more jurisdictions are offering free legal clinics.  Many attorneys will go over the forms with you for the price of a consultation fee.  To know what other resources are available, call your local district clerk and inquire what other agencies or support clinics are available.  Getting an order makes the process much less emotionally traumatizing on your kiddo. 


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