Legal Question in Family Law in Texas

Legal custody of 2 children

I was forced to give custody of my two children to my ex-husband until I could stableized my life.My life now is verry good I am in a stable relationship, in school and am engaged to be married. My main concern is that my two childrens emotion and possible physical well being is at stake when their iresponsible father leaves them always with his senior mother and father who are not capable of taking care of two children.He also does not keep care to let me know how my childrens health or school is going.He is never home when I call to his parents home(he still lives with his mom and dad)My 5 yr old son beggs me to go get him that he is not happy with daddy of grandma he states theat he is being physically hit by his grandmother in areas that are not acceptable.My daughter just turned 3 and she does not speak or verbally communicate like she should. I endured being mistreated and emotional battery while living with my ex and his parents and now I am verry concerned about my children they are not happy and I dont know what to do as i cannot afford to hire an attorney.In our marrage he was verry physicall and verbally abusive. Please help.


Asked on 11/08/05, 11:18 am

2 Answers from Attorneys

Fran Brochstein Attorney & Mediator

Re: Legal custody of 2 children

You can call Lone Star Legal is for residents from several counties.

Houston Volunteer Lawyers is for Harris County residents only.

This website won't let me give you any phone numbers for anyone! Sorry!

You can only go back from the date of divorce to the present time to discuss why custody should be changed.

YOU CANNOT GO BACK BEFORE THE DATE THE DIVORCE WAS SIGNED BY THE JUDGE.

You would, therefore, need to keep detailed notes about everything that is going on.

If the kids are bruised or injured, I'd take them to a doctor and take photos.

Unfortunately, your children are very little and probably don't communicate very well.

Custody can be changed BUT the BURDEN is on YOU to prove why it should be changed. It is a hard burden to overcome. But, it can be done.

I believe you will need a lawyer that handles primarily only family law to help you.

You can check the GREENSHEET newspaper for attorneys. Be sure to select someone that handles family law cases. Be sure to ask how much experience they have in modifications.

You can call Harris County Lawyer Referral service for an inexpensive consultation.

My office charges under $2,000 in Harris County to start a modification. Then a weekly payment plan -- generally under $150/week.

It can add up but we will refund any unused money at the end of the case.

Why don't we flat-rate? Because we are motivated to work on your case. If we don't work on your case, we don't get paid.

We don't flat-rate cases.

You can learn more about me at www.familylaw4u.com

I cannot provide you with my phone number on this website.

Good luck!

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Answered on 11/08/05, 9:24 pm
James Grissom Law Office of James P. Grissom

Re: Legal custody of 2 children

It is very difficult to change custody once it is established by Order. In your case, you would have to prove by psychological and other testimony what you are saying about abuse of the children. Not only is the psychological expert very expensive, but the legal effort to secure the testimony is extensive and expensive. You could inquire at your local county bar association if some attorney would do this without being paid.

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Answered on 11/08/05, 12:05 pm


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