Q: Do you have to have custody agreement if you are currently only separated?
My husband is having an affair, we are separated. We have a 19th month old daughter and son on the way. I am trying to see what we need to for custody until we can officially get divorced or figure things out
A: Texas does not recognize what other states refer to as legal separation. It’s important to file for a divorce to get temporary orders regarding custody and assets/debt while you are separated pending a divorce. If things work out then you can always nonsuit the divorce. However, without court orders in place both spouses are still on the hook for debts created by the other spouse, have the right to sale property, and have access to the child. So, if there are no court orders then nothing is stopping your spouse from taking the child from school and keeping them.
Melissa O'Neal agrees with this answer
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