Skip to main content

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

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

+ Read More

Attorney answers 3

Best Answer

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.


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 questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

Vicki Elaine Wiley

Vicki Elaine Wiley


I agree with Mr Lewis, and would add that your request for temporary orders must include child support! You attorney can file at the same time divorce petition is filed. Consult a local attorney tomorrow!


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 please contact me at my office by calling 214.675.9313 or emailing at Please visit my Avvo profile for more information.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer