Legal Question in Family Law in Texas

Re: Custody

If your spouse is not living with you, any attempt to take the child would be an act of family violence from which the police will protect you. Once this act of family violence occurs, you can obtain a protective order through the DA's office (if money is a problem) or you can hire your own attorney to do the same thing. Usually, the DA is pretty effective in these matters.

Re: Custody

I'm sorry, but much more information is needed. Why do you have custody? Are you the other parent? A grandparent? A different caregiver? I have seen cases involving each of these situations and the answer would be different depending on the circumstances.

Although there is not a suit filed, if you are not the other parent, then why do you have custody? If you ARE the other parent, then typically, you would file a suit affecting the parent-child relationship (SAPCR). This is usually done in a divorce action, but if the parents aren't married, then it can be done alone. For that you must file a petition and then quickly seek a hearing to establish temporary custody. Of course, it is possible that the other parent will be awarded temporary custody instead of you. Each case is very fact dependent and the result is up to the judge.

You should obtain an attorney to represent you. If you cannot afford one, then call the local bar association for a referral to a legal aid organization or a pro-bono (free) attorney.

Good luck.