Q: I have been the sole provider for child an husband keeps kid over summer an files divorce an wont let me have her back

A: Even though your question is really short, it invokes so many different issues that you need to immediately sit down with an attorney and lay out the facts. At initial glance this is going to be a UCCJEA matter. The UCCJEA is a federal law that the courts use to decide jurisdiction between states. You obviously want the jurisdiction to be declared in the state you are in currently.

A lot of the jurisdictional issues are based on logistical and time factors so a careful analysis of those factors needs to be reviewed immediately. If you wait too long to take action you may lose any advantage you might have, allowing the custody to be decided in another state.

Please get on the phone and make an appointment right away with someone who handles custody and is familiar with the UCCJEA rules.

A: You need to retain counsel in the state where husband filed. It is unfortunate that you did not take any legal action as soon as you were on notice that husband was not going to return your child after the summer break. Don't waste any more time. Use the "find a lawyer" link at the top of the page and find an attorney in the appropriate jurisdiction. You don't say where the kids are or where Dad filed. I see that you posted your question from Texas. If Dad is here in California and that is where he filed, you need a divorce/custody lawyer licensed to practice here in California.