Legal Question in Family Law in Texas

Child Custody

My wife is going back on our verbal agreement to let me have the children for Christmas. I have the children now, should I give them back knowing that I may not see them for the holidays? There is no child custody order filed with the courts. We are not divorced yet, the papers have not even been drawn up.


Asked on 12/21/08, 2:26 pm

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

Re: Child Custody

I'm sorry that you are going through this at Christmas! I always thought that Christmas was a time of love, joy, children's laughter and family gatherings.

Since no divorce has been filed (based on your statement) then there are no legally binding orders regarding these children.

However, if these is a court and a judge has signed some sort of ORDER then my answer would be -- follow what the judge told you to do!

So her verbal agreement is worth the paper it's written on. How sad! The only ones hurt in all of this are the children.

If there are no orders signed by a judge, then you can do whatever you want. Of course, I encourage people to do the best thing for the chidren since Christmas is really for them!

If you want a consultation, I charge $150 an hour.

Merry Christmas!

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Answered on 12/22/08, 2:34 am


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