QUESTION
Can I get in trouble for denying my wife access to take our children for the weekend?
Asked on Jan 31st, 2018 on Child Custody - Texas
More details to this question:
We are currently physically (not legally) separated. I have no proof, and I'm not sure how reliable the sources, but I have been told that she is using drugs. She has been evicted, and has had her car repossessed. She is living on someone's couch, who I do not know. Per a verbal agreement, I have primary custody of our three kids, including my step-son, that I have raised since he was 3, he's now 11. I told her that I'm not comfortable with her current situation, and would rather her just come visit the kids at my house, so that they keep their normalcy and their consistency, but she can still see them. She has refused that option, and has demanded that I allow the kids to go to "her apartment" for the weekend. Without proof of her being on drugs, can my custody of my children be in jeopardy if I tell her she can't take them, she can either see them at my place or not at all?
1 ANSWER
NA smsattorney@gmail.com
Hello, Since there is no court order stating who has custody, no one parent has legal custody, therefore, both parents have the right to the children equally. If she decides to come in, and walk out with the kids, she can legally do so. Based on your current situation, it would be in the kids best interest for you to go to court and file for sole custody and provide her supervised visitations. This way you will legally have everything at your leverage.
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Answered on Jan 31st, 2018 at 7:21 AM