Legal Question in Family Law in Texas

I have a daughter with my ex husband and we have court orders and child support orders for my daughter. She isn't the issue . I got pregnant had a son while I was still married and it wasn't my husband's child. During our divorce my husband signed a paper saying he is not the father of my son. The biological father also signed sayin he is the dad. Now my ex husband has my son and won't give him back. My ex is on the birth certificate but I never took him off because the divorce papers acknowledge that he isn't my son's father and had no rights to him.


Asked on 7/24/18, 9:59 pm

1 Answer from Attorneys

Thomas Daley Power Daley PLLC

(1) Get a certified copy of your divorce decree; (2) Go to the police station where your ex is; (3) Tell the police that your ex is holding your son illegally and show them the court order; (4) Let them know you are going to pick your child up right now and that you are requesting "civil standby" in case your ex gets out of control.

The police might not help you--whether they will or won't is highly dependent on who you encounter. However, you don't want to show up at your ex's house without at least letting the police know so that if they get called out there, they have an idea of what is going on before they have to make any quick decisions.

If that won't work, you can hire an attorney (or try to get LegalAid) to help you file a Writ of Habeas Corpus with the court. It can take a few weeks, but you will get your son back that way.

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Answered on 8/15/18, 5:05 pm


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