Legal Question in Family Law in Texas

Child Custody Battle

My fiance and I want to get custody of his two children for many reasons. I have contacted C.P.S. to inform them of the things that concern us the most. Can we just take the kids when we have them and go to an attorney and file for custody and get some kind of temporary order so they don't have to go back to their mothers? If so, where do we obtain this and how much will it cost? Also, in the law library where do you find the forms for different things, books or a computer? Can I legally record her converstations when she calls our house or we call her without her knowing? Thanks SO much for your help! It is greatly appreciated.


Asked on 4/04/06, 11:39 am

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Child Custody Battle

If the danger to the children is immediate, then of course notify CPS and the police.

If not, retain an attorney immediately. In that situation, the attorney will prepare the pleadings for a modification, TRO, and his affidavit, that can be filed the Friday that he picks up the children for visitation. Generally speaking, the filing fees and costs and service of process to initiate the case, will cost about $300. Attorney fees vary significantly, however, you should be prepared to pay a minimum $3,000.00 retainer billed against that attorney's hourly rate. The ultimate cost will depend on the strength of the case and how hard the other parent fights it.

You are feel to visit the law library of the courthouse or law school, however, know that a custody battle is complex. It is extremely difficult to proceed pro se.

You may email me directly, if you wish.

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Answered on 4/04/06, 3:34 pm


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