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I am very sorry to hear this. I am not sure where you are in determining if divorce or legal separation is something you want to pursue, but you will need to file a legal action in court to get this addressed. You have a right to ask for custody. I think that the mother arbitrarily took her out of school like this does hurt her cause for claiming custody but in all honesty there is a strong preference towards mothers unless there is evidence of some sort of criminal, mental, or drug/alcohol abuse. If you are not looking for divorce, a legal separation filing with a request for an emergency hearing would be a good first step.
I agree with you that this actually really can hurt a young child and that is something you should bring before a judge sooner rather than later.
No, I understand what you are saying. Yes, without a custody order you could also go pick her up and do the same, but I think that will just exacerbate the situation. I do think you need to consult with a local attorney who can immediately file for custody of the child and request a quick emergency hearing on this issue. I'm happy to opt out if you do not think my answer is giving you the information you need.
Hello, a a different Attorney here.
I have carefully reviewed your exchanges with my colleague and he is correct in his assessment of the case. Nobody here can tell you why your wife did what she did. However, if there is no custody Order by the Court, both parents have equal custody of the child and thus she can leave with the child without telling you, or enroll her in another school without your permission. You can do the same thing. Until the Court has ruled, her action does not subject her to any penalties.
Your course of action here would be to file for divorce or separation and ask for custody of the child. You do not need an Attorney to file this action. You can use texaslawhelp.org to download forms and get instructions on what you need to do.