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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 19475
Experience:  B.A.; M.B.A.; J.D.
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I live in texas and I am a father and a husband. Last

Customer Question

I live in texas and I am a father and a husband. Last Wednesday the 27th of January my wife told me she was bringing my daughter to school 7:50am, and kissed me goodbye. Nothing was going on or out of the ordinary and my daughters school is only 5 min away. Well, after my wife didn't return after about 30min I started calling her cell phone and was going to voicemail. I was texting her and she did not reply. I was very worried. Anyway, she finally calls me at 2 o'clock in the afternoon and proceeds to tell me that she is at her mother house, 3 counties away, 75miles, and that she has my daughter with her and she is not coming back. Another words she took my child and left and I have been very devastated to say the least. She will not talk to me and she says she no longer wants to be married. My question is how can she just take my child away, take her out of school and I have no say so in any of this? Today I find out that she enrolled her in a school next to her mothers home.
Submitted: 1 year ago.
Category: Family Law
Expert:  Asad Rahman replied 1 year ago.

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.

Customer: replied 1 year ago.
I know I have a right to custody as her father but, how can she just uproot my child and leave and not allow me to speak to her or see her. If she doesn't want to be married I'll deal with that later but she has traumatized my kid here
Expert:  Asad Rahman replied 1 year ago.

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.

Customer: replied 1 year ago.
I was expecting expert legal advice, basically your telling me to just call a lawyer?.. After reading the website it says an expert in the field will respond.. I'm not trying to insult you I just need to know in detail exactly what I need to do to get my child home? Can I pick her up and just take her back? What do I do here?
Expert:  Asad Rahman replied 1 year ago.

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.

Customer: replied 1 year ago.
please opt out, I appreciate your answer but I ready know if I go get a lawyer I will get the answers I need. The problem is I cannot afford a lawyer at the moment and was looking for help here...
Customer: replied 1 year ago.
If you opt out will someone else newer this question or do I have to resubmit?
Expert:  Phillips Esq. replied 1 year ago.

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 to download forms and get instructions on what you need to do.