Legal Question in Family Law in Texas
my son and his wife have been married for over two and a half years and have a little 4month old daughter. they were married in west virginia and have lived in texas for 2 years (where he has a good paying job). she has recently taken a 10day trip with the baby to west virginia to visit family and contacted my son to inform him that she wants to separate (with her staying with her family). she stated that if he wanted to see his little girl, it would mean that he would have to leave texas and move to west virginia - with no job lined up. they have had problems in the past with their marriage. she has "intimacy" issues because of abuse during childhood, and he struggled with drug issues before their marriage. what are his rights to his daughter? does he need to leave his stable job of two years and move out of state to have a chance (if she lets him) to see his daughter? the baby was born in texas and has grandparents here, as well. we, the father's parents, have offered to pay for marriage counseling and allow the couple to work out their problems here. my son, will do anything to save his marriage and see his little girl daily - even stating that if need be, he would go live in west virginia, work for minimum wage and live in his truck. that is no way to support a family. please help?
1 Answer from Attorneys
Your son needs to immediately hire an attorney & file for a divorce with temporary orders. The child is a Texas resident (after 6 months of leaving Virginia) and I believe the judge will make the child come back to Texas. The mom can stay in Virginia if she wants.
Court no longer order marriage counseling because it does not work if the people don't want to do it voluntarily.
Your son needs to act immediately. If she files in Virginia, she should not have legal residence there since she's been in Texas for 2 years. But he will need to hire a Virginia attorney to attack her pleadings. I highly recommend that he file here first.
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