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Married for 10 years, have been separated for 2 1/2 years.

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Married for 10 years...

Married for 10 years, have been separated for 2 1/2 years. Have not received any type of financial, emotional, or physical support from him in regards ***** ***** "4" children. Although hes been located out if state, the last 3 mo.in Tennessee, 1 week to our home town, and 2-3 mo. Time spent Prior to that in Arksnsas. I'm concerned, if only to hurt me, i have reason to believe he may be planning to come to TX during their school break and, against my permission take at least my 12 year old daughter back to Tennessee. Because of him and my estranged mother who she was very close to, i just recently scheduled therapy/counseling sessions for her because I feel she's suffering from psych issues caused by them, successfully now managing to persuade her she has certain neg. feelings towards me. I know its a the work of the at least one of them, if not both. What should my immediate actions be to ensure he can not legally come and get any of our 4 children and def not leave the state with them?? What would my next action be to making my custody full/permanant?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Ps. No, we have never been seen concerning family law and have no court orders.

Lawyer's Assistant: Have you talked to a lawyer yet?

I did, I'm in TX.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, I have only enough pennies to keep us from sinking at the moment. Have no clue where to turn, who to talk to, and the serious loss of openness with my daughter and myself have me feeling like I need to make an instant move to ensure no negative lies or brainwashing of her by them is at least slowed while the much upcoming legal battles.

Submitted: 4 months ago.Category: Family Law
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12/15/2017
Family Lawyer: Phillips Esq., Attorney-at-Law replied 4 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 21,330
Experience: B.A.; M.B.A.; J.D.
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Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Family Lawyer: Phillips Esq., Attorney-at-Law replied 4 months ago

I am sorry to read about your difficulties.

You would need to file for divorce and ask for custody of the children and also for spousal and child support. The divorce would be filed at your local Courthouse. You can obtain divorce forms at the Courthouse in the Clerk's office or online if the Court makes forms available online on website. Until the Court has issued a Custody Order, both of you have equal custody of the children. So, he can take one of the children or both of them without breaking any law as long as he does not use physical force.

You may consider retaining the services of a local divorce Attorney to assist you with the case.

You can use the following sites to find local Attorneys:

Lawyers.com

Justia.com

Findlaw.com

Consumeradvocates.org

Best wishes,

A positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating.

Thank you for your cooperation.

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Customer reply replied 4 months ago
there isn't any temporary custody, child abandonment, or any other thing I can pursue before filing the actual potition for divorce?
Customer reply replied 4 months ago
Petition, not potition
Family Lawyer: Phillips Esq., Attorney-at-Law replied 4 months ago

Unfortunately, no.

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Customer reply replied 4 months ago
Once that's filed, when does the opportunity to file any charges concerning the above, I just asked about, become available?
Family Lawyer: Phillips Esq., Attorney-at-Law replied 4 months ago

You need to file them at the same time the divorce is filed.

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Customer reply replied 4 months ago
Ok, ty for these answers to my questions. I have all of the petition for divorce papers filled out, plan to print, complete, and get notarized an affidavit of indingency, in order to hopefully not have to pay the $200+ filing fees. Can I get access to the forms needed to file other issues, the same place I got those?
Customer reply replied 4 months ago
Any suggestions guiding me to be able to obtain a quick review and assessment concerning my grandchildren??
Customer reply replied 4 months ago
Just checking to ensure your still working with me and will be sending another response to my last questions???
Family Lawyer: Phillips Esq., Attorney-at-Law replied 4 months ago

Yes, I am still working with you.

I stepped away from the site to get some things done.

Kindly give me a few minutes to review your follow-up posts and get back to you.

Thank you for your cooperation.

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Family Lawyer: Phillips Esq., Attorney-at-Law replied 4 months ago

Ok, ty for these answers to my questions. I have all of the petition for divorce papers filled out, plan to print, complete, and get notarized an affidavit of indingency, in order to hopefully not have to pay the $200+ filing fees. Can I get access to the forms needed to file other issues, the same place I got those?

Response: You can. However, if you are unable to find the forms, contact the Clerk's office for further assistance.

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Family Lawyer: Phillips Esq., Attorney-at-Law replied 4 months ago

Any suggestions guiding me to be able to obtain a quick review and assessment concerning my grandchildren?

Response: I am sorry, but I do understand the basis for this question. I thought you were the mother.

Kindly clarify.

Thank you for your cooperation

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Customer reply replied 4 months ago
Sorry I was using voice text and that should just say children not grandchildren and yes I am the mother
Family Lawyer: Phillips Esq., Attorney-at-Law replied 4 months ago

Thank you for the information.

You need to file Motion for Temporary Custody and then also file Motion for Expedited Hearing and give reasons for the urgency.

Goodluck with your case,

A positive rating to my response is now requested so that I can receive credit for answering your questions. There is no additional cost to you for giving a positive rating. However, that is the way I get paid by the site for answering questions.

Thank you for your cooperation.

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