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  1. #1
    Join Date
    Oct 2009
    Posts
    16

    Default Splitting Up

    State is TX
    There is almost a 100% chance that sometime in the next week, my wife and I will be splitting up. I have already put things into motion that will insure that to happen. My question involves our daughter. My wife will leave and go to live with her mother. She will take our daughter with her when she goes. I will not really have much control over the issue because I have to work and she does not. She will just take her during the day.

    What should I do once this happens. Do I call the police and report it as a kidnapping? Do I go to her mothers house and demand to get her back, Call the police if not?

    My daughter lives in our rental house right now. My wife takes her to school and doctors appointments since she does not work. The rest of the time, she takes her to her moms house and drops her off until I get home in the evening.

    I have every intention of filing for custody, but I would like to know what actions to take that will be favorable to my daughter and I in the long run. My wife is on many medications including for depression and other mental issues. She also has an older daughter that she is not able to care for so her mother (the grandmother) takes care of her instead.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Splitting Up

    Quote Quoting bcd
    View Post
    State is TX
    There is almost a 100% chance that sometime in the next week, my wife and I will be splitting up. I have already put things into motion that will insure that to happen. My question involves our daughter. My wife will leave and go to live with her mother. She will take our daughter with her when she goes. I will not really have much control over the issue because I have to work and she does not. She will just take her during the day.

    What should I do once this happens. Do I call the police and report it as a kidnapping? Do I go to her mothers house and demand to get her back, Call the police if not?

    My daughter lives in our rental house right now. My wife takes her to school and doctors appointments since she does not work. The rest of the time, she takes her to her moms house and drops her off until I get home in the evening.

    I have every intention of filing for custody, but I would like to know what actions to take that will be favorable to my daughter and I in the long run. My wife is on many medications including for depression and other mental issues. She also has an older daughter that she is not able to care for so her mother (the grandmother) takes care of her instead.
    No, this is not kidnapping. You both have equal rights to your daughter - if Mom leaves with her, you can of course request that kiddo is returned to you but there's no guarantee of this happening.


    You may want to file for divorce first, and as part of the filing request at least temporary custody until it all gets sorted out. Seriously, it often comes down to who files first.

  3. #3
    Join Date
    Oct 2009
    Posts
    16

    Default Re: Splitting Up

    Can you please tell me where I can download the forms to file for temp custody when the time comes. I would like to have everything setup and ready to go. I am hoping she will not know to do this and it will be easy for me to file first, but I want to make sure.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Splitting Up

    You can try here:

    http://tinyurl.com/Tx-pro-se-forms

    (the second set may be more appropriate for you but take a look at them all anyway)

  5. #5
    Join Date
    Oct 2009
    Posts
    16

    Default Re: Splitting Up

    Thank you.

  6. #6
    Join Date
    Feb 2007
    Posts
    2,031

    Default Re: Splitting Up

    Quote Quoting bcd
    View Post
    State is TX
    There is almost a 100% chance that sometime in the next week, my wife and I will be splitting up. I have already put things into motion that will insure that to happen. My question involves our daughter. My wife will leave and go to live with her mother. She will take our daughter with her when she goes. I will not really have much control over the issue because I have to work and she does not. She will just take her during the day.

    What should I do once this happens. Do I call the police and report it as a kidnapping? Do I go to her mothers house and demand to get her back, Call the police if not?

    My daughter lives in our rental house right now. My wife takes her to school and doctors appointments since she does not work. The rest of the time, she takes her to her moms house and drops her off until I get home in the evening.

    I have every intention of filing for custody, but I would like to know what actions to take that will be favorable to my daughter and I in the long run. My wife is on many medications including for depression and other mental issues. She also has an older daughter that she is not able to care for so her mother (the grandmother) takes care of her instead.
    As Mom is now the primary caregiver, she will most likely remain as such. You can, of course, request that you be named as such...But likely it will be her.

  7. #7
    Join Date
    Jan 2010
    Location
    California
    Posts
    2

    Default Re: Splitting Up

    The mother is not necessarily the primary caregiver per say... What you need to do is call the police and have them give you a report stating home abandonment...

    Having that police report, you already have some proof that you were providing housing for her and your daughter at the point of splitting up. It's also proof of a stable home for your daughter... Doing so might get your daughter back to you for the time being... You can then proceed to the family law court and file for divorce and custody of the child...

    This is something I did wrong when my ex left me and took my daughter...

  8. #8
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Splitting Up

    Quote Quoting OGs
    View Post
    The mother is not necessarily the primary caregiver per say... What you need to do is call the police and have them give you a report stating home abandonment...
    Wifey moving out as part of a divorce proceeding does NOT constitute abandonment.

  9. #9
    Join Date
    Jan 2010
    Location
    California
    Posts
    2

    Default Re: Splitting Up

    Quote Quoting bcd
    View Post
    State is TX
    ...I will not really have much control over the issue because I have to work and she does not. She will just take her during the day.

    What should I do once this happens. Do I call the police and report it as a kidnapping? Do I go to her mothers house and demand to get her back, Call the police if not?
    ...
    Quote Quoting Dogmatique
    View Post
    Wifey moving out as part of a divorce proceeding does NOT constitute abandonment.
    My mistake. Didn't see/know that the divorce was already in motion (not mention in op). I thought they were barely breaking up and that he was worried that his wife would take his daughter without his consent while he was at work.

  10. #10
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Splitting Up

    They haven't filed yet - and Mom leaving will NOT be considered abandonment for custody purposes in Texas.

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