Legal Question in Family Law in Texas
Cust.
My ex wife currently has custody of our 3 sons & is fixing to lose her house and she wants me to keep the kids until she gets on her feet. Should I stick to the decree and only get them every other w/e & let her prove she can't support the kids so I can get custody or should I take the boys in until she gets a place to stay? Would that be enough to show that she can't support them?
2 Answers from Attorneys
Re: Cust.
I suggest you think about what's best for the kids. They'll remember it when they are older.
Re: Cust.
If you have the children in your home for 6 months, then you can file for custody.
If it's an emergency, then you don't have to wait 6 months. However, you need to sign a affidavit under oath what the emergency is that is forcing you to ask for custody without waiting.
I don't know your relationship with your 3 sons but I would do whatever it takes to help my kids.
If you want to stick to the decree, that's completely up to you.