[joelsdad]

I'm in the Navy, stationed in Dallas Texas, and have been there since August of 08. This past April, my wife left me, and took my child with her to Florida, where her mother lives. She left under the pretense of returning. She left to go to her grandfather's funeral. Did she break any Texas or Florida laws? What recourse do I have?

Thank you.

[Fr_Chuck]

No, she is free to travel with the child. I would ask why you have not done anything before now, if she left in April?

So you file for divorce, file for custody, and demand ( though court) that she either return with the child to Texas, or merely let the child return to you.

The longer you let her stay and get residence in Florida, the greater the chance she can file in FL and there is nothing you can do then

[cadillac59]

You should act immediately and file an action in your local Texas court for a custody determination. This can be part of a divorce action or, in many places, you can simply maintain an action to determine your rights to custody without seeking a divorce or legal separation.

Please keep in mind that you must act within 6 months of the departure of the mother and child. If you wait beyond 6 months, jurisdiction over custody of the child will shift to Florida and you will have to go there to have that issue decided.