Legal Question in Family Law in Texas

Urgent Advice on Child Custody

my son is 8 years old and has always lived with his father since the divorce. the past two years i have denied visitation i can not afford and attorney to enforce either. he filed for termination of rights so to avoid putting my son through all the court systems i signed an affidaviant of relinquishment the attorney general sent me a form of a general denial, which i did not understand and i called his attorney and asked and they told me it was a normal response until the actual termination papers were filed. there is an arrerage that is owed but the father is forgiving it my question i guess is will i still be financially responsible for my son, he has a step mother, is she going to have to adopt ? and also is there a time limit on me changing my mind and trying to regain visitation


Asked on 6/13/05, 6:35 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: Urgent Advice on Child Custody

You need to immediately put something in writing and get it to the Court. You need to file a document that states you've changed your mind.

You need to include your mailing address and telephone number on the document so that you will receive mail. Be sure to use an address where you will definately receive yur mail.

You need to send a copy to your ex-husband's attorney too.

There might be an attorney that represents the child contacting you. You must talk to this attorney. They are usually called an attorney ad litem or an amicus attorney. If you know of this person, send them a copy too.

You can go to the Court and look at the court's file. Do NOT remove any paperwork from the court's file. If you do, you will be arrested.

Custody is a totally different matter.

Once your rights are terminated, you will have no right to have any contact with this child.

I assume the step-mom is planning on adopting him.

Also, let the TX AG know too.

There are free legal services throught Texas. Lone Star Legal is one. You can call the State Bar of Texas and see if there are any in your town.

Good luck!

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Answered on 6/13/05, 8:23 am


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