HowdoIget started with a divorce involving children?

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HowdoIget started with a divorce involving children?

I have a daughter that is 4 years old. I have had her while we have been apart for 2 years. I need something stating that she is with me because now. everytime I go to pick her up he tries to keep her from me. I also need to get my divorce taken care of but don’t know where to start. The only property we have is a car where he is on it and I am co-owner (which I have been paying on for the last 2 years).

Asked on September 3, 2010 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Ok, if you can not right now start divorce proceeding I urge you to go to the Family Court in the county in which you live and apply for custody (physical custody), a determination as to his visitation and for child support as soon as you can.  Once the orders are in place a violation on his part (or your part remember) can result in serious consequences all around.  Then you can take a little bit of a breath before you fild an attorney to help you with the divorce and finalizing the issues as to custody and support.  But having the initial orders from the family court may make it easier for you in the long run, as support issues are pretty cut and dry under the law (percentages of income) and visitation that is already in place and working can help the court see that an established pattern would work in the future.  Of course, agreeing to the custody and visitation is really best for everyone but it is sometimes hard for people to separate emotions at this point. As for the divoce, you seem to have very little between you and if all goes well it could be "uncontested" rather than a fight.  Good luck.


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