Legal Question in Family Law in Texas
Custody VS Support
My Husbands Ex-Wife gave up custody of their son to us about a year ago. She has not paid any support since that time. Now that my husband is going after the child support she wants to regain custody of the child. Her statement was....''If I am going to have to pay you child support I might as well take him back!'' My question is only a year after she willing gave up custody can she take him back to court to regain custody?
2 Answers from Attorneys
Re: Custody VS Support
The short answer is yes she can ask the court to modify the last court ruling.
However, based on the information you provided, you should object to this modification.
If you have any other questions, please call me at 713-847-6000.
Best of luck!
Fran Brochstein
www.familylaw4u.com
Re: Custody VS Support
If she gave him custody through court order one year ago, then she must show that there has been a substantial change in circumstances which would allow her to modify the court decree. She would have to make a strong argument as to why the suit should be modified and you would be able to offer a defense. The best interest of the child would be the pressing issue at hand.
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