Legal Question in Family Law in Texas
Hello, My Cousin recently moved back to TX for AZ, her husband was in the military. Since she was in AZ she didn't work, because most of the time he was deployed and she was having her 2nd son and raising her first son. Her husband has cheated first time in tech school, another time after they got to AZ. She stayed because of course things got better. When they moved back she moved back first, they bought a house she moved in all by herself and he moved back about a month after he got back from deployment. A few months later she caught him cheating again. This time she packed his stuff for him, he left. Since then he really hasn't been in her children's lives, he has picked them up maybe 3 times and hardly ever calls. The last time he went to drop them off he stated something to the effect of that he would take the boys and for her to call the cops that they would never find them. Since them my cousin hasn't let them go with him. July 17th they were suppose to go to court for child support and a visitation schedule, he never showed up. She asked the office then if she had to let him see them they told her she didn't have to until there was a visitation schedule because he had threat her to take them away. He has now informed her he has a Lawyer and that he is going to fight her for the boys, now after that long story.... Can he Take the kids away from her? She does want to have a visitation schedule, she has no problem letting him have them, that was never the problem the problem is that he treated to take off with them.
1 Answer from Attorneys
If she has an effective attorney, dad probably cannot win a custody battle. The stakes are really high in these cases--some fathers will anything to avoid child support--so it's a huge mistake for her to represent herself.
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