Legal Question in Family Law in Texas

Child Custody

I have a child custody agreement with my previous spouse. He can see our children 1 month in the summer, we agreed to more time nothing on paper since he lives in Il. I took our children to Il. to spend time with him, now he is acting as if he will not give our children back to me at the agreed time. He has also cut off all communication between the kids and I. I don't have the money for an attorney at this time, he doesn't pay any support. Can I file a motion to get my children back or will I have to contact the police when I go back to Illinois. The order was set in Tx. Thank you for any assistance.. And our children are 1 yr. and 5yrs old. Our son will start kindergarten in August...


Asked on 7/09/09, 2:07 pm

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

Re: Child Custody

Wow! You can try Houston Volunteer Lawyers Program at 713.228.0732 to see if they can get you a volunteer attorney.

I assume you have a certified copy of the current court order.

You need to follow what is in writing. On the date, the children were to be returned to you, you can go to his home in IL and take the police with you. They might help you get the children returned to you.

I would call the police, sheriff or constable in his area and talk to someone in their office. See if they will help you if you fax them a copy of the court's order.

If he won't return them, then you can file contempt in your county in Texas.

You will definately need an attorney to help you.

You need to have him served with legal papers.

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Answered on 7/10/09, 5:56 pm


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