Legal Question in Family Law in Texas

Re: custody rights

It depends. Is the peson wanting to do that the other parent or a non-parent? What is that person's relationship to the child? What is the situation of the custodial parent?

IF the other person is a parent, then you would have to know what the current orders provide. Is the custodial parent a sole managing conservator or a joint managing conservator? What are the terms of the order?

Also, what does the other person want to do? Get sole custody? Prevent the current custodial parent from being with the child? Terminate the current custodial parent's parental rights?

Any of the above could be difficult to do; it all depends upon the facts of the case. The other person would have to file a case in court and possibly would have to have a hearing to determine if he or she even has the right to bring the case (not everyone does). Then, if the current custodial parent fights the effort, typically there is a hearing on temporary orders to establish the rights and duties of the parties pending a final hearing. After that, the parties would engage in discovery to attempt to find out all of the facts of the case. Only after that would you have a final hearing and an order by a judge.

Unless there is an emergency involving the child, all of this would take quite a while and could be expensive; custody cases are among the most expensive family law matters.

If the person lives in the Austin area, I would be glad to schedule an appointment. This should definitely not be tried without an attorney; the procedural difficulties are too complicated. Be sure to take all of the existing documents to see the attorney the first time.

Re: custody rights

Your question is so broad that it cannot be answered. Perhaps you should repost with some details.

Re: custody rights

You need to get a certified copy of the last document signed by the Judge in the Court of continuing jurisdiction.

Then sit down with an attorney and discuss the options available to you.

I have noticed that a lot of parents agree to switch children around the age of 13. If the switch is agreed to by the parents, the process is not too difficult - especially if everyone lives in the same county the divorce took place.

However, if everyone has moved and nothing is agreed to then the cost and time required will be considerable.

If you live in the Houston area, I offer a free consultation.

Best of luck to you.