My wife suffers from bipolar disorder, post traumatic stress disorder, anxiety, and depression. She had an episode and ran off with our 13 year old daughter. CPS has assigned an investigator to find her but as of today 12/22/2014 they have not been able to find them. She left on 10/21/2014. Can I file for divorce and temporary custody orders using publication to notify her? If so, and she defaults, will I get my divorce and custody of my daughter when they find them?
I really need some advice and I am worried to death about my daughter. I have lost 35 pounds due to stress and worry. Its killing me.
You need to speak with an attorney as soon as possible! Most likely, "yes" --you can file for divorce and custody of your daughter. However, without knowing the exact facts and sitting down with you to discuss more detail --more advice cannot be given. My best advice is meet with someone knowledgeable in your area as soon as possible
You really should have a lawyer, especially because CPS is involved. Things can move and change very quickly and you need an advocate who understands the lingo.
Use the Find a Lawyer button or google Volunteer Lawyers or Legal Aid.
This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.
With CPS involved, I personally think you need an attorney. If you want to file for temporary orders and are pro se, you may ask the court to order citation by publication. If you do, and the court grants the motion, expect the court to appoint an attorney ad litem to represent your wife and an amicus attorney to represent your child. I think you should find an attorney and get a consultation. This is going to be sticky and possibly expensive pro se.
I am not intending this to be legal advice, because I don't know the particulars of your situation. Call me if you would like to discuss this or other isues.
You can include your request for temporary orders in your petition. Service by publication costs hundreds of dollars. You can represent yourself if you know how. If not hire an attorney. Some attorneys will draft documents for you for a fee, but then let you represent yourself in court if that is what you want. If possible borrow money and hire an attorney.
Ms. Laster practices in Dallas, Denton, Collin and Tarrant Coun
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