Desoto, TX asked in Child Custody and Divorce for Texas

Q: My wife left me and my two sons recently. She shows no interest in seeing them. How can I get full custody?

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1 Lawyer Answer
Joseph Hoelscher
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  • San Antonio, TX
  • Licensed in Texas

A: You will need to go to court and request a SAPCR (Suit Affecting the Parent Child Relationship), which can be filed with a divorce. If you have sufficient evidence that she does not intend to return or have contact with your sons, then a termination of her parental rights may be possible, but terminating parental rights is difficult in Texas. You should hire an attorney to handle these matters.

If an attorney isn't in the budget, then you can contact the Office of the Attorney General - Child Support Division and request child support. As part of handling child support, they will generally create a custody order, but you should talk to their local office. Because there is no divorce, that may complicate your case with the OAG. Also, the OAG will not represent you, they will only be interested in enforcing Texas' interest in making sure children are supported. If your wife contests the child support case and refuses to agree to a custody order, then they aren't going to fight for you. You are probably better off retaining an attorney experienced in divorces.

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