Legal Question in Family Law in Texas

What is the law in Texas concerning a man wanting his wife to leave? Can he just tell her to leave or does he have to actually have her evicted. They have a child and CPS has been involved with her. They gave the man primary custody of the child. They have since gone back together but she has gone back to her old ways of drugs and other men. He wants her out but doesn't know how to go about it. can he kick her out legally?


Asked on 4/12/10, 4:39 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

He should file for divorce, and ask for temporary orders that would award temporary custody (of the child) to him, AND ask that he be given the temporary exclusive use of the family home. If the Judge grants his request, the wife will be ordered to leave the house.

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Answered on 4/18/10, 1:41 pm


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