Legal Question in Family Law in Texas
Custody Questions
First, my 14 year old son decided to go and live with his father and against all better judgment I have allowed him to do so until the end of the 2004-2005 school year. I still have custodial rights to this child. If my ex-husband sues me for custody of this child, what recourse do I have to fight this? Does he have to prove I am an unfit parent or would the court's take the word of the child? Also, is there any laws about separating children of the same family between two different parents?
Second, is there a time limitation for filing contempt of court for non-payment of medical insurance and out-of-pocket expenses? Would this have to be handled thru the Attorney General's office if child support is being collected thru them?
Thank you for your help.
1 Answer from Attorneys
Re: Custody Questions
The child can specify where he would like to live but it is NOT binding on the court.
Your question regarding separating children would be based on the facts in your case. The courts look at the ages of the children, how close they are and other factors in determining if they should live in the same house.
Contempt can be handled through the Texas A G or with a private attorney.
I hope you found this information helpful.
If you have a specific question regarding a case in Harris County, you can call me at 713-847-6000.
Fran Brochstein
www.familylaw4u.com
713-666-0646 or 713-847-6000
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