Legal Question in Family Law in Texas
how to go about getting custody of my son
My son is living in an unfit environment with his mother. She recently contacted me and asked me to take him because he acts so bad. I have custody of him during the summer months, and he acts wonderfully for me and my wife. When we told her that we would only take him if it was perminate, she said no. She just wants to send him to us for a couple of months to ''straighten him out.'' My wife and I have decided to try to legally obtain full custody. How do we do this? Will the Texas court system actually award a father legal custody over a mother? What will I need to prove that she is less fit to raise him that my wife and I?
I hope that you answer this. I have not seen any other questions like it. Thank you for your time.
3 Answers from Attorneys
Re: how to go about getting custody of my son
Yes a father can win custody. I take the boy and then file a motion to modify seeking custody. Will have to ask for temp orders also. Dont tell mom of your intentions .. just let her send him to you.
Re: how to go about getting custody of my son
A modification of custody is fact specific. Courts look to the best interest of the child. The child may have strong input into placement, depending on the age of the child an his desires. Also important is how long it has been since the last determination of custody. Taking the child with her permission, not telling her of your intention to formally change custody and then filing for temporary orders is fine, but if you take the child without her permission and if that violates a court order, there could be trouble. If there is a serious and immediate question involving the safety of the child, you might have more leeway if you immediately address the matter in court.
My office is halfway between Fort Worth and Dallas.
http://www.reasonable-doubt.com
Re: how to go about getting custody of my son
There are a number of things you can do via the court system depending on the totality of the facts. It is not unheard of that a father obtains custody of a child. Basically, the courts are to look at what is in the best interests of the child when determining custody, etc. You would be petitioning the court for a modification of custody. All such legal actions are fact specific. I strongly suggest that you obtain the services of an attorney in the locale of the child's residence.
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