Wife Took Son

[ChrisE]

My question involves a child custody case from the State of: Texas

My wife took my son to her parents for what I thought was just a visit, but while she was there she decided not to come back. She came back a few weeks later to get her stuff without telling me and now she is trying to limit me seeing him. They are 6 hours away so I cant just drop by and she is trying to limit the time i see him while I'm there to just a few hours. Is there anything I can do?

[NdK1009]

My question involves a child custody case from the State of: Texas

My wife took my son to her parents for what I thought was just a visit, but while she was there she decided not to come back. She came back a few weeks later to get her stuff without telling me and now she is trying to limit me seeing him. They are 6 hours away so I cant just drop by and she is trying to limit the time i see him while I'm there to just a few hours. Is there anything I can do?

Are you still married? If so then it is simply a matter going and getting your son. However, that won't stop her from coming to your residence and doing the same thing. Your best course of action is to file for divorce and ask that you be granted temporary custody or have a temporary visitation schedule established.

[ChrisE]

We are still married. I'm worried if I do just go get him that it will cause even more problems (she's bipolar), I really didnt want it to go that far. Can you file for custody without filing for divorce? I still want to work it out. I already get to see him very little and I'm afraid if it goes that far she'll get custody since she is the mom and then I will get to see him even less.

[NdK1009]

You could file for legal separation (which is usually viewed as the precursor to divorce) and ask for temporary custody. Either divorce or seperation can be cancelled if you two can reconcile. If not, then custody cases frequently wind up going towards whomever has temporary custody. So, he who has the child, generally keeps the child, unless he/she is proven to be unfit.

Good luck reconciling. I truly hope that things work out for the best.

[ChrisE]

Thank you for the help.

[Dogmatique]

Whomever is the primary caregiver will generally retain primary custody - ie, if Mom is a SAHM and Dad works, Mom is likely to be physical custodian.

[ChrisE]

I thought there might be something like that. Unfortunate for me.