Legal Question in Family Law in Texas

child custody

i have a 12 year old son and he has been living with his fathers parents since the age of 4. But now he wants to come home but they won't let him. They quit answering my calls and are trying to use a power of attorney that I signed against me. My son says they have altered the document to say I gave him to them.

1) how can I get him home he is threatening to runaway because he wants to be with me.

2) Can I get the police involved and just go to there house and take him since I am his mother.

I never signed anything giving up my rights or giving him to them.

Please help me this is urgent


Asked on 12/11/08, 2:06 pm

2 Answers from Attorneys

Bruce Zivley Bruce C. Zivley, Attorney at Law

Re: child custody

I would be glad to discuss this matter with you. You have not mentioned whether the child is the subject of any prior court order. It will make a difference with what you need to do, depending upon the answer to that question. Additionally, if there is an existing court order, what does it provide? In either event, you have remedies available to you to seek and/or compel the return of the child to you. I am a board certified specialist in the field of family law, practicing in the general Houston area. Contact me directly if you care to discuss this matter further.

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Answered on 12/11/08, 3:15 pm
Jeffrey Brashear The Brashear Law Firm, PLLC

Re: child custody

Based on what you have written, do you have any prior court orders in place? The terms of any such court order will have substantial control over your child and what happens in the future. Additionally, with your son being 12, your son tell the Court who he wants to live with. This is not binding upon the Court, but may be an influence on the Court. My local family law firm is interested in your case and if my local family law firm can assist you with this legal issue or any other legal matter, please contact my paralegal Tina ([email protected]) to arrange for an initial consultation.

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Answered on 12/11/08, 4:18 pm


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