Legal Question in Family Law in Texas

Custody

According to family courts I have custody of my son. My son got into trouble and is on probation. His father took him to his court date and says he has paperwork showing he has custody. I called probation administrator and they said this was because I did not show up at my sons court date. Also the cops have trheatened to arrest me if I did not return my son to him. Could I have somehow lost custody of my son if I have never been taken to family court for a modification? I have made calls to the family court and they said that I am the main parent (conservator) and that child support is still in effect. Just trying to find out if I have custody.


Asked on 6/08/07, 9:46 am

1 Answer from Attorneys
James Grissom Law Office of James P. Grissom

Re: Custody

The court that issued the custody order has continuing jurisdiction concerning custody. The court that heard your son's criminal? case may have made some ruling about where he is supposed to stay - that is not custody. You might have to assert a lack of jurisdiction for the criminal court judge to effect custody in order to resolve this conflict. If you try to do this yourself, I predict that the criminal court judge would get pissed, but he might clarify his ruling. But, you can't do this with a phone call. Actions in court are accomplished with motions and orders. If you don't know how to do this, you better get a lawyer.

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Answered on 6/08/07, 10:14 am


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