Legal Question in Family Law in Texas

I live in Houston Tx. My wife left me yesterday. I was married for 17yrs. We have 3 children, one 7yrs, one 10yrs, and one 16yrs. She took youngest 2 and oldest stayed with me. We left in speaking terms, but she did leave to live with parents. She will be 6hrs away. We dont own a home, but we do own 3 vehs. (older). she chose not to take a car, she does not want financial help for her, she wants "child support" for the 2 children. what are my legal rights for Separation. I dont want her to make thingss ugly. She left me on her own. Will I be able to keep my oldest (16yoa)? She stayed of her own accord.

Asked on 8/27/12, 4:16 am

2 Answers from Attorneys

Jeffrey Brashear The Brashear Law Firm, PLLC

Based on what you have written, first there is no such thing as "legal separation" in Texas. Second, the Court will look at what is in the children's best interest when determining where the children will live. Third, there are some questions which require more information to properly provide you with some direction: (i) why did your spouse leave after 17 years of marriage; (ii) why did your spouse only take the younger two children; (iii) what do the kids think has happened; (iv) what type of work do you do; (v) what type of work does your spouse do; (vi) why does your spouse say that she only wants "child support"? These are just some of the questions you will need to think about while addressing the divorce. You should consider hiring a local law firm to assist you with protecting your rights and interests. Typically, those individuals who do not hire law firms and/or attorneys end up worse off in one of three areas: division of assets/debts; child custody, child visitation. You may view the firm's website at or call 281-994-4034 for more information on divorces, child custody and child support.

The above response given is not intended to create, nor does it create an on-going duty to respond to questions. Additionally, the response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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Answered on 8/27/12, 5:34 am
Bruce Zivley Bruce C. Zivley, Attorney at Law

You need to hire an attorney to represent your rights or at least visit with one so that you know how to proceed. I am a board certified specialist in the field of family law practicing in the general Houston area. I would be glad to discuss the issues which you are confronting if you would call me at 713-600-5500.

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Answered on 8/27/12, 7:53 am

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