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My husband and I signed a separation agreement and in the agreement…

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My husband and I signed...
My husband and I signed a separation agreement and in the agreement it states that I (wife) is moving out of state and the children would state with father until I found a job and set up housing and he would sent the children to me. He now will not answer phone or texts calls I make and I have no idea with is happening with our children. What is the best step to take now?
Submitted: 3 years ago.Category: Family Law
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6/29/2015
Family Lawyer: ScottyMacEsq, Lawyer replied 3 years ago
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 18,320
Experience: Licensed Texas General Practice Attorney
Verified
Thank you for using JustAnswer. I'm sorry to hear about your situation. A separation agreement is a contract, assuming that there was no court order that was issued in conjunction with this separation agreement. If there was no court order, it would not have the force and effect of a court order, which means you would not be able to take it to court contempt of court. That means that you would need to get a family law attorney to sue for enforcement of this order. The fact that it was knowingly entered into between you and your husband means that he probably doesn't have a good defense, but you still need to go through courts to be able to enforce it. It's not something that you can contact the police or the Atty. Gen. in order to assist with the enforcement of it. That being said, you need to contact an attorney in the area where the children are currently residing (as that would be the place that has current jurisdiction over the matter) that deals with family law / child custody cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in the area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in the area, and what you should do next. Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!
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Family Lawyer: ScottyMacEsq, Lawyer replied 3 years ago
Did you have any other questions before you rate this answer?
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Family Lawyer: ScottyMacEsq, Lawyer replied 3 years ago
Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)
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Family Lawyer: ScottyMacEsq, Lawyer replied 3 years ago
Should I continue to await your response, or may I assist the other customers that are waiting?
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Family Lawyer: ScottyMacEsq, Lawyer replied 3 years ago
My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable. ▼ RATING REQUIRED! ▼ Please don't forget to Rate my service as OK Service or higher. It's only then I am credited.If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!
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Family Lawyer: ScottyMacEsq, Lawyer replied 3 years ago
I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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