Legal Question in Family Law in Texas

does court drop custody rulings at will
4 1/2 years ago my husband and I took custody of our grandaughter due to her mother abandoning her due to illegal drug use and alcohol abuse. This year we decided to let her have her daughter back on a conditional agreement. When our daughter filed for her divorce, she requested child support for the daughter we have custody of. The clerks informed her that she could not request child support for a child she did not have legal custody of. She was told that she would have to seek the courts reversal of the custody and gain it before she could continue her request for divorce under the current pleadings. She says that when she went to the court clerks in the county that custody was granted, the clerks informed her that the rendering had not been filed, that the judges ruling was placed in the archive records. Our attorney had been instructed by the judge to rename the petition and file it with the clerks office. We have since discovered that he did not make the changes the judge mandated him to make. Is the ruling that she signed on not a valid ruling just because he did not correct the name of the petition? Does this truly mean that the custody decision that was given to us 4 1/2 years ago is not valid?

Asked on 12/21/03, 6:12 pm

Rush Wells Ratliff & Wells

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Re: does court drop custody rulings at will

Probably not. B U T without seeing ALL the relevant paperwork it is impossible to tell.

If there is an order giving you custody of the child the "style" or "Caption" probabky makes little REAL difference.

BUT it needs to be straightened out ASAP.

Answered on 12/21/03, 7:13 pm

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