Austin, TX asked in Family Law for Texas

Q: My wife and I had a verbal agruementshe left and took the kids from Austin to Houston, I am on probation for bi/fv-a

Do I have rights and was she allowed to take them that far without my consent,she told me she moving there and going to stay and get a job

Related Topics:
1 Lawyer Answer
Eric Stephen Lafleur
Eric Stephen Lafleur
  • Allen, TX
  • Licensed in Texas

A: You have rights, but its not entirely clear to me what they are. First, I'm assuming that when you say you're on probation for "bi/fv-a" you mean "Assault Causing Bodily Injury - Family Violence". The next question is whether you're on probation for assaulting your wife, or someone else. I'm assuming it's your wife and, if so, it means she'll probably be named the "sole managing conservator" of the kids and you'll be named the "possessory conservator." As sole managing conservator, your wife would have most of the decision-making rights for the children. As possessory conservator, you'd have some limited decision-making rights and, also, the right to visitation with the kids (your criminal case may, or may not, also impact the conditions under which you get to see the kids - it just depends on the circumstances of the case).

But, to establish any rights to see the kids, you're going to have to file a lawsuit - probably a divorce, although you could technically just file what's called a SAPCR to establish custody and visitation orders (without terminating the marriage). But, until you file suit and get some orders put in place, she has every right to just take the kids with her (as do you). Another reason to move quickly on filing the suit is that, if your wife and the kids live in Harris County for 90 days before a suit is filed, then the suit will probably have to be tried there whenever it does get filed.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.