Legal Question in Family Law in Texas

If no divorce has been filed, and there have never been any orders entered by any court that affect the children, you can do whatever you want; you're the parent.

I would encourage you to talk to an attorney in person. I highly recommend PATRICIA BUSHMAN at 713-807-9405. Talk to her assistant, Jessica. Please tell her that FRAN sent you.

If there is no divorce pending, based on YOUR facts, then either parent can have the child.

I would strongly encourage you to file for divorce. In TX we don't have legal separation. Therefore, you can take the kid, she can come get the kid tomorrow, you can take the kid the next day, etc.

I would also encourage you to call your local sheriff, police, constable and find out what their office would do if your spouse called them. Usually if a divorce has been filed, then they won't get involved. Remember -- don't get arrested! It will hurt your case big time.

Happy Holidays!