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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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I am going through a divorce, but my husband does not want

Customer Question

I am going through a divorce, but my husband does not want to give me my children back, I have not seen them since may 2010, I don't know my legal rights, and I am despirate to see my children, especially cause one of my child has autism and I am concern for his health..
Submitted: 7 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 7 years ago.
Thank you for your question.

What state are you located in? did your attorney file for a hearing in court?
Customer: replied 7 years ago.
<p>Texas and yes until july 12, 2010 but just found out that my husband has also changed information on my childs social security benefit and claimed he is the payee to the benefits and claimed he has custody of my child.</p><p> </p>
Expert:  Dimitry K., Esq. replied 7 years ago.
When is the hearing?
Customer: replied 7 years ago.
July 12, 2010
Expert:  Dimitry K., Esq. replied 7 years ago.
Thank you for your patience.

Honestly until the hearing there is not much that I can tell you. If the other parent took the child, then until the hearing he does have custody, which, while unfair, is legitimate on his part to claim.

Whether that will survive the hearing is a different story. At the hearing you can claim that the other parent took the child without consent (if true) and that you demand main custody as the other parent is not someone who has a history or track record of providing you with access. That means that if you do not get custody, it is possible that he will again hide the child from you, and that is something that you have to explain to the judge. Until the judge says otherwise, both parents have equal 50/50 custodial rights.

Edited by Dimitry Alexander Kaplun on 7/1/2010 at 7:06 PM EST