Legal Question in Family Law in Texas

Re: Bipolar Mother, how can father get temporary custody

Of course, if the mother agrees, he can do it without a court order. Just remember, that if she changes her mind, he WILL have to go to court to have the order changed. If, at that time, the children have been living with him,that should make it easier.

If the mother does not agree, then he can file for a change of conservatorship or for a change in the terms and conditions of the conservatorship. There are specific things that have to be proved for each, but if he can prove what you said, then there is every possibility that he could be successful.

A child of 10 years of age can designate to the judge in a custody suit the parent with whom he or she wants to live. The judge must take that into consideration, but can still make an order as to his belief as to what is in the best interest of the child. Typically, the older that the child is, the more likely the judge is to go along. Certainly, if there is evidence that the current custodial parent is unfit, then the judge will give great weight to the child's wishes.

If he lives in the Austin area, I would be happy to talk to him. Please call my office for an appointment.

Re: Bipolar Mother, how can father get temporary custody

Your boyfriend should file a motion to modify and obtain emergency temporary orders granting him possession of the kids. Kids may express a preference as to the parent with whom they wish to live when they reach age 10, but they don't have an absolute right to pick - that's up to the adults and the judge.