Legal Question in Family Law in Texas

Mom causing problems

I am single father with custody of my son. My ex wife abused my son and as a ressult child services became involved. Our son was removed and placed with my mother for about a year. After the divorce my son continued to live with my mom. He is still staying there because I had to work two jobs to pay off debts and my attorney. Here we are two years later and I am ready for my son to come home full time again. Now my mom says she wont let him come home and has legal standing for doing so since he has stayed with her for so long. Does she? What can I do?


Asked on 7/07/05, 4:44 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: Mom causing problems

If your son has lived with your mother for over 6 months, she does have legal standing to ask a court for custody.

However, she would have to file a lawsuit in the county of continuing jursidiction.

Merely because she has standing does not mean she gets custody.

You need to consult with an attorney in your area. You need to bring a certified copy of your Final Decree of Divorce for the attorney to review. If there is any paperwork, from CPS, etc. you would need to bring that with you to the attorney's office.

We charge $200 an hour for a consultation.

If we can't help you, I'll be glad to refer you to an attorney that I know and respect.

Good luck!

Fran Brochstein

www.familylaw4u.com

713-847-6000

Read more
Answered on 7/07/05, 4:55 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas