Legal Question in Family Law in Texas

Child Custody Change

I had legal cutsody of my 15 yr. old daughter from birth to Jan 2003. In Jan 2003, she moved to her dad's and legal custody was changed from me to her dad. This change of custody was not contested because it was my daughters choice. Legal papers were drawn up and presented to the county court in which I reside and custody was changed. In Dec of 2004, during Christmas break, my daughter indicated to me that she wanted to move back in with me. One of the reasons that she wanted to do this was because her father was getting ready to move from College Station, TX to Seattle, WA and she did not want to move. When she & her father were in town during Christmas break, she talked to her dad about what she wanted to do. When Christmas break was over, he left her here without any of her belongings although she had wanted to go back with him until he moved to Washington about a month later. She has now lived with me again for the past 15 months although legal custody has not been changed back. He now is demanding that she move back in with him stating that he still has custody and that she has no choice. She does not want to go. My questions are ''Does he actually still have legal custody?'' and ''What legal rights do I have to keep her here?''


Asked on 3/14/06, 12:53 am

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Child Custody Change

You need to go back to court. The first documents you filed, when she moved in with him was probably named a Petition to Modify, and Agreed Order of Modification. The same thing has to happen again, only it would be contested rather than agreed.

All other issues being equal, the fact that she has lived with you for the past 15 months and she chooses to live with you, give you the edge. You need to get an attorney in the county where the divorce was originally filed and then modified (if you no longer live in that county, an attorney will file for a venue transfer to your current county). TCL

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Answered on 3/14/06, 6:23 am


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