Legal Question in Family Law in Texas

I have full custody of my kids but they are staying with my mother, I have found a job and have a place to live and now my mom says she will not let the kids come live with me, what do I do or where do I stand on this


Asked on 6/01/15, 8:45 pm

1 Answer from Attorneys

Thomas Daley KoonsFuller PC

You have the right to go get them. If she won't turn them over, then first, go to the police station nearest her home and tell them that you are going to her house to get your children and ask for a civil standby. That should do the trick. If not, then you may have to file an application for a writ of habeas corpus against your mother.

If the children have been living with her for more than 6 months (Tex. Family Code section 102.003(a)(9)) or of she can convince a judge that your living environment would pose a significant risk to the physical safety or emotional well-being of the children (Tex. Family Code section 102.004), she would have standing to file suit and seek custody (conservatorship) of the children.

Good luck!!

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Answered on 6/02/15, 6:11 am


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