Irving, TX asked in Child Custody, Criminal Law, Divorce and Family Law for Texas

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

3 Lawyer Answers
Chad Zubi
Chad Zubi
Answered
  • Criminal Law Lawyer
  • Houston, TX
  • Licensed in Texas

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

Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

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.

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis
Answered
  • Criminal Law Lawyer
  • Bryan, TX
  • Licensed in Texas

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.

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