Texas  |  Family Law

Legal Question

Asked on: 7/02/13, 6:50 pm

My ex and i have court orders that gave us joint custody he decides the residence . i havent seen my son sincefeb 2-12 since my ex beat me up and legally i would have the custody since he was the attacker .he now has 2 drug charges and 2 child endangerment he signed custody to his mom. they state i abandonded my son . can i have the police go to their home and get my son to me .

1 Answer

Answered on: 7/05/13, 2:32 pm by Fran Brochstein

You need to take your legal papers to an attorney to read.

It appears that the father has legal primary custody. The police won't give you the child.

I don't understand what makes you think that since he beat you that custody of the child changed to you automatically. That is not true. Custody of the child remains the same until a judge changes it.

If a judge changed legal custody to you, then I am wrong. You did not explain it properly in your question.

If you have legal custody then, of course, you can send the police out to pick up your child from his mother.

If you do not have legal custody, then I highly encourage you to find a tough, smart attorney to represent you in court and (1) get your custody of your son and/or (2) get your visits with your son started again in a public place or exchange in a police station where he cannot hurt you during the exchanges.

It has been over a year since you have seen your son. This is inexcusable. You need assistance in seeing your child. Your son needs to have you in his life.

Look on this website and on www.avvo.com for an attorney. Perhaps since you are an abused woman, you might be able to find an attorney to assist you on a pro bono (free) or very inexpensive basis. I cannot tell what county you live in.

Good luck.

Be safe.

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