Legal Question in Family Law in Texas

I live in TX and i went through a bad break up with my ex. During the break up he made me write out a letter stating i give him custody of our son 2year old son, and got it notarized. since then he has threatned to change his number and move so that can never see my son again. I am now married to an active duty sailor and his orders are in VA and i will be moving there. i have had minimal contact due to transporation issues. Can i get custody of my son and move to VA even if there is a notarized document involved? If i move to VA will i be able to fight for custody there or do i have to do it in TX? If i cant get custody i want visitation rights, will they allow visitation if im in VA and hes in TX?


Asked on 11/04/13, 11:21 am

2 Answers from Attorneys

That letter has no legal authority.

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Answered on 11/04/13, 11:30 am
Jeffrey Brashear The Brashear Law Firm, PLLC

Based on what you have written, there are a few items which require clarification. First, do you have any court orders in place regarding your 2 year old son? Second, will the biological father allow you to see the child anytime you want? Third, when did you sign the agreement? Fourth, what are the specific terms of the agreement? These are just some of the items which require clarification to prior to any direction being provided. Additionally, you should consult with a local law firm and attorney to assist you with protecting your rights and interests. We are available should you desire to have a consultation and discuss these items more in-depth. We may be reached at 281-994-4034. Also, when you say that you have had minimum contact due to transportation issues - what specifically do you mean?

The above response given is not intended to create, nor does it create an on-going duty to respond to questions. Additionally, the response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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Answered on 11/04/13, 11:35 am


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