Legal Question in Family Law in Texas
My aunt has managing conservator of my 3 children . A child support case was filed with the attorney general's office a order of support was granted. I was appointed possessory conservator of the children . Can my aunt return my children to me with out going back to court ? She is willing to give them back .
1 Answer from Attorneys
She can give the kids back to you but without a new court order several problems can arise. She continues to have duties as a managing conservator even if she does not have possession of the children. The child support obligation will continue to accrue against you even if you have the kids. These are only the most obvious problems for both of you. It would be far better for the two of you to agree to modify the existing order to terminate the child support and rearrange the conservatorship. It would not be very expensive for you to hire an attorney to draft the necessary documents for a modification. The issue I would be concerned with is whether your attorney can prove changing conservatorship is really in the best interests of the children. The judge cannot modify the conservatorship and custody orders unless it is in the best interests of your children. So the short of that is your best option would be to talk to a family law attorney in your area about the situation and whether your local judges are likely to grant an agreed modification in your specific situation.