Hi everyone i have a 10 months old with my husband but i am planing on divorcing him.right now i am a stay at home mother who

Asked over 1 year ago - San Antonio, TX

takes care of her kid ful time. my kid is on wic so the only thing my husband is doin for him is buying diapers and take him to hospital apointement. my question is it posible to leave the house with my kid or is it considered kidnaping? what should i do? should i file for divorce and ask at the same time for temporary custody?please help me

Attorney answers (3)

  1. Howard M Lewis


    Contributor Level 20


    Lawyers agree


    Answered . I am sorry that you are goin through this, you should do whatever is in the best inteest of your child and within the law. It sounds like you need to file a divorce, seek temporary orders of support and then decide who will live where, please work with a local TX attny he or she will protect you. Take care and I hope that things work out.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Fran Brochstein

    Contributor Level 18


    Lawyer agrees

    Best Answer
    chosen by asker

    Answered . You need an attorney. You file for temporary custody at the same time that you file for a divorce.

    You can take the child with you. The problem until temporary orders in Texas is that either parent can have the child & it is not parental kidnapping since either of you can have equal access to the child. You can call the local sheriff or constable and talk to them about this matter - usually they won't get involved if a divorce is involved. So if dad gets the chid & won't return it you have no choice but to wait to court.

    Please hire an attorney immediately. There are many excellent attorneys on this website so look around and select one.

  3. Jack Wesley Hawthorne III

    Contributor Level 7

    Answered . When you file for divorce you will also file a request to have a hearing on temporary orders. Until that time either parent can care for the child. Issues to consider will be that a living situation will have to be figured out by yourself and your husband unless the divorce will be amicable.
    It is usually best to find a place to stay during the interim time if you think you will not be able to stay in the home. If you are worried for the child's sake during the interim time it may be in your best interest to notify CPS of what is going on so they can be on standby to care for the child if that becomes an issue.
    Most importantly contact a family law attorney in your area to work you through this process. If you cannot afford an attorney then contact legal aid to see if they can help you or send you to a pro bono attorney.

    This answer does not establish a attorney-client relationship. If you wish to schedule a free consultation then... more

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Child Custody in a Divorce

Child custody may be physical or legal. Physical custody covers who the child lives with, and legal custody is the right to make decisions.

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