Legal Question in Family Law in Texas

I allowed my daughter to live with her father for 6 months, him and I are separated, for years now. I allowed her to live with him for the second semester of the school year, which just ended this summer 2012. Through the health and human services, a child support case has arrised. I know he'll fight me for her, cause he's been trouble from the start. Since I barely got her back, will he be able to take her away from me, since he's had her the last six months? I live with my boyfriend of 3 years, whom I have an 18 month old with. I'm a stay at home mother and my boyfriend works. My ex lives alone in a bad neighborhood. I don't want him to take her away.


Asked on 6/24/12, 4:19 pm

1 Answer from Attorneys
Veronica Dorsey The Dorsey Law Firm

Additional information will help answer your question. Are there already orders in place addressing custody and/or conservatorship? If so, what are the visitation/possession/access terms in the order? What conservatorship titles does each parent have?

Aside: Most Office of Attorney General (OAG) ORIGINAL actions or filings will ask the court to address conservatorship/custody/possession/access of the child/ren in the case. However, once an order exists, SUBSEQUENT OAG actions are usually brought to modify or change/enforce the child support terms ONLY. The OAG as Movant, does not usually, ask the court to look at custody issues once an order is in place. The Court's review of custody issues would entail one of the other parties (you or the other person) filing pleadings to raise the issue of custody for the court to consider.

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Answered on 7/05/12, 7:24 am


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