Will taking my son from my separated wife’s home play out bad for me in court?
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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 8 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.
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