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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
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Experience:  Licensed experienced Attorney
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My wife left me in oklahoma and took my son, I am currently

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My wife left me in oklahoma and took my son, I am currently active duty military, how likely will it be for me to get physical custody of my son if she left to Texas?
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about your unfortunate situation.

Was the divorce filed or was custody / visitation for your son ever established by the court?

How old is your son and on what grounds would you be seeking physical custody of your son?
Customer: replied 3 years ago.
Nothing has been filed my wife and i are barely going through the talks. I tried to make it work but she wants to go through court. My son is 2 years old, I am currently in the military and leased a house for us in oklahoma but she abondoned this marriage last week and moved back home on her own leaving half of her stuff behind. I just want to make sure that if i get an attorney and invest in this divorce how good my chances would be to gain physical custody of him?
Dear XXXXXo,

Thank you for your follow up.

Once again I am sorry to hear about your situation.

Can you tell me whether you plan to remain on active military duty and also what legal grounds would you present to gain physical custody of your son?

Is the mother unfit to be a parent in any way?
Customer: replied 3 years ago.
No my wife is fully active and well educated has a masters degree in rehab counseling and working her job back home. She is not unfit but it was not my decision for divorce.I have an active duty agreement for the next 3 years but will not be deploying. I dont understand what you mean by legal grounds i will present. What can i use?
Dear XXXXXo,

Thank you for your follow up.

Unfortunately, even though your wife did abandon the marriage, she did not break any law, since she is a parent of your son and there was never an order for legal custody or any court order that would prevent her from moving out of state with your and your wife's child.

So, the situation is legally complex and simply because your wife abandoned the marriage, you would not automatically gain any additional custody rights to your child and you would want to hire a local family law attorney in Texas where the child and mother currently reside and the Texas family court will have jurisdiction over the child, so this local attorney can file a Petition to Establish Child Custody / Visitation for your son and while you can ask for physical custody of your son, the court will examine all the factors related to you and the mother, the living conditions and ability to spend time with the child and provide proper child care and the judge will make a decision related to establishing custody / visitation based on what will be in the best interest of the minor child.

Once again I am sorry about this difficult situation and I wish you the best of luck!
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