Legal Question in Family Law in Texas

My brothers' wife left his children with a friend for 3 days after they seperated. The friend called me when the mother did not return to pick them up. Their father has had the children for 2 years. We are pretty sure that the mother is on drugs. What are his chances of gaining sole custody? We live in Texas. The mother has had no contact with the children but, my brother is afraid to file for divorce because he thinks that she will either get custody (just because she's the "mother") or she will try to take the children during a visit. Please advise. This has gone on too long.

I keep telling him that he needs to secure custody or she will do whatever she wants.


Asked on 11/16/09, 5:59 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

Unless there are some other serious factors, or your son has some skeletons in the closed, he has an excellent chance of getting custody, and he should file for divorce forthwith.

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Answered on 11/23/09, 2:17 pm


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