Stamford, TX Divorce Law Firms & Lawyers

I advise you hire a lawyer. Her lawyer has no obligation to even ifnform you about what the court would normally do or what your rights are.  Even for a divorce when parties agree on most terms, there are usually terms on which the spouses differ.  Then the only solution is mediation or a trial. You will want a lawyer with you at mediation and at trial.  You will have your rights and interests better protected with a lawyer on your side.  Regarding possession of your child: If the child is age three or over, Texas courts will grant you possession of your child under the expanded standard possession order. That allows overnights with you the first, third and fifth weekends of every month Friday afternoon through Monday morning with pick up and return at your child's school.  You also are allowed possession on Thursday overnight to Friday morning, again from school dismissal to school return on Friday.  Thursdays are every week during the school year. You should also get time during Thanksgiving week and the Christmas break, so please at least consult a lawyer to learn more about your rights and schedule.  

You can divorce him; it doesn't matter whether he's a citizen. But it takes at least 60 days in Texas unless there's a good reason for the judge to waive the 60-day waiting period, and his being absent or a non-citizen won't get you there. You'll also have to serve him with the divorce petition, personally if you can find him or by publication if you can't.