Legal Question in Family Law in Texas

Do I need a lawyer for sole custody of my child.?I currently have physical custody. I have a conservator ship decree

which grants limited supervised visits for my child's biological mom, however

she ran away ( no known address) and has not been seen in this town or seen our child in 5 years. She also abandoned another child by another man .

Lawyers are quoting me 5k retainers to start, as well as expecting

That it will cost more. Can I fill out paperwork and then have an attorney review?

What do poor people do?

Can I get a state representation since she's a dead beat ?

Asked on 3/06/13, 4:54 am

1 Answer from Attorneys

Thomas Daley Power Daley PLLC

The answer to your second to last question is: They struggle. That's a sad fact in our legal system.

You cannot get state representation because the AG does not modify conservatorship orders. They only deal with child support.

I would charge $2,500 plus filing fees and service of process fees, which would add up to $3,500 to $4,000 total, so the $5,000 is not completely out of line. There is a strong presumption against sole managing conservatorship in Texas Family Law, so you are almost certain to fail by trying to do it yourself.

You might step back and ask why you want to do this anyway? If she's gone, how is it hurting you or the child that she is named a conservator of the child? Probably none. You might just want to wait until you are ready to remarry a person who wants to adopt your child, and then pay an attorney to do a combined termination/adoption suit. That would be money better spent. I don't know what all is going on in your life, so I don't mean to negate what you want to do--I'm just suggesting that maybe there is no practical reason to do this just yet.

Good luck!!

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Answered on 3/07/13, 12:37 pm

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