Legal Question in Family Law in Texas

I have three boys from a previous relationship, I was never married but things didnt work out. There mother has had them for the most part until now, I used to take them whenever I could but now I live in TX I'm married and she has given my Temp. Custody of the boys until further notice. She live in Mass. and I dont want to just have to send them back whenever she says, I would like for TX to be there place of residence and just to go visit her every so often. She has no job and lives with her step dad in a two bedroom shack with two other adults and a new born, no one should even live in that house because its under construction. Even her brother in law who lives with them beats the boys on a regular basis. I know I can provide a better life for them but want to know what my options are.


Asked on 2/16/10, 11:51 am

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

If there is no court order governing your custody of the boys, you should retain an attorney to file a Suit Affecting the Parent Child Relationship. If there is a court order, you should retain an attorney to file a motion to modify.

If custody is an issue, the court will have to have a social study performed. These can be expensive.

Whoever loses custody will have to pay child support. Mom may be willing to

give up her parental rights (so she does not have to pay child support) if your wife is willing to adopt the children.

This is a big decision. Get help.

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Answered on 2/21/10, 12:03 pm


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