Q: Wife in FL, me Texas. Separated 》9yrs. Sent daughter back for 1 year. Wife wont send back, no orders can I take her back
My wife and I have been separated for over 9 years. I had custody of my daughter in texas for more than 5 years due to my daughter being found in the street in fl and being positive for drugs. The department of child services gave me custody. Her mom was able to get her back 2 years ago, but I kept her. She went back almost a year ago due to some unfortunate events. I been trying to get her back but my wife has little kids that she makes our daughter babysit. My daughter has been begging me to get her back. Am I able to drive to Fl and get her back and return to TX. She will be 12 in December and she is miserable. Told me she is sharing a room with her 2 other siblings (5 total, she's my only one) sleeping on floor in the room. I want my daughter back and I am trying to get her out of this situation. My wife wont even let me talk to her most times. I miss her I want her back and she wants to come back. No custody orders
A: If there are no orders stating otherwise then you can go get your daughter. I suggest that if you want a divorce then get an attorney to do it for you. The divorce will also handle issues related to your daughter.
Kiele Linroth Pace agrees with this answer
1 user found this answer helpful
A: A proper divorce with a custody order will cost you less in the long run than defending yourself against whatever false criminal charges your ex-wife manages to get you arrested on.
A: If their are Orders in place, they are probably still enforceable. However, your child's mother likely has a basis to modify those Orders since your daughter has been with her for so long. In my opinion, it would be very risky for your to engage in "self help" under the circumstances that you have described. In the long run, hiring a lawyer will probably less expensive and could help you avoid making some serious mistakes.
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.