Legal Question in Family Law in Texas

Child Custody

My x-wife approx a month ago called me and said she could not handle my 8yr old daughter. She told me to take her because she did not want her anymore. I was getting ready to type up the legal paper work, and now she refuses to sign. My daughter does not want to live with her mother. She wants to stay. What legal rights do I have in keeping her.


Asked on 1/03/01, 10:46 pm

3 Answers from Attorneys
John Pfister, Jr. Pfister & Associates

Re: Child Custody

You need to file a motion to modify and request temporary orders. This will change custody and support over to you. Since I presume the divorce decree awards custody and orders you to pay support, you need to seek a modification as soon as possible. Since your ex voluntarily gave the child to you, there is a good chance that you will retain custody.

Good Luck

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Answered on 1/06/01, 4:08 pm
Fran Brochstein Attorney & Mediator

Re: Child Custody

If you live in the Houston area, I offer a free consultation.

I agree with the other 2 posts - you need to file a motion to modify and request temporary orders.

Best of luck to you.

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Answered on 1/08/01, 2:31 am
Jimmy L. Verner Jr. Verner & Brumley, P.C.

Re: Child Custody

You are going to have to file a Motion to Modify to have the paperwork changed. The fact that (as I understand it) the daughter has been with you for a month is very much in your favor if your ex should continue to contest the change, but right now the court order (I surmise) awards primary possession to your ex.

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Answered on 1/06/01, 12:05 am


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