Legal Question in Family Law in Texas

Child custody

My son's father currently has custody papers on my 16 year old son. We agreed that when my son started school he would reside with his father. He lived with me for the first 5 years and with his dad for the next 6 years and has been living with me for the past 5 years. I have been married for 5 years and have two other children with my current husband. My husband is an alcoholic and trying to get sober. My son's father has picked him up from my house and will not return him as long as my husband resides here. My son is a great kid. Honor roll student and doing well. What are my rights? Can his father just pick him up and assume that my son was never living with me even though he agreed and has been paying me child support? And can my son choose where he wants to live?


Asked on 5/18/08, 6:43 pm

2 Answers from Attorneys
Jeffrey Brashear The Brashear Law Firm, PLLC

Re: Child custody

Based on what you have written, you need to petition the court for a modification. This might assist you with setting up the specifics of the arrangement. Note that the current order is in effect and will control child custody and child visitation. Additionally, it appears that you might want to consider filing a petition for enforcement, if the child's father is not following the current court order. With your son being over 12 years in age, he can file a statement with the court. Your son's statement will be persuasive to the court, but is not binding upon the court. If my local law firm can assist you with this legal issue(s) or any other legal matter, please contact my legal assistant Jennifer ([email protected]).

Read more
Answered on 5/20/08, 12:36 pm
TC Langford Langford Law Office

Re: Child custody

You should know that you need a family law attorney. The prior arrangements are relevant testimony in a trial to determine current conservatorship, but they do not override the current order. You need to file a petition to modify the order, and get a new one to establish current living arrangements. Your husband's behavior will be relevant as well. Your son can file a preference with the court. At his age, it is not automatic, but is certainly persuasive.

Read more
Answered on 5/18/08, 10:12 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas