Legal Question in Family Law in Texas
daughter wants to come home
In July 07 my ex and I signed a rule 11 agreement where one of my daughters went to live with him. This is not what I wanted but my attorney at the time said since she wanted to go with him I wouldn't have a chance of winning. Well now she wants to come back home. How do I go about getting her back, because I know that her dad will not let her go willingly. He will put up a fight because he doesn't want to pay child support. If she came down and visited, could I just keep her here and file a custody order?
2 Answers from Attorneys
Re: daughter wants to come home
Speak with your attorney about this. Sounds like you might have a good idea, but you need to protect yourself legally.
Re: daughter wants to come home
Since you signed a rule 11 agreement, you just can't change things because you don't like it.
You need to talk to your attorney about modifying the order.
You did not state how old the child is, which could be relevant. If she's a pre-teen, they change their minds hourly. If she wanted to live with her dad, I'd let her stay there for at least a semester and determine how she is doing in school. If there are tardies, absenses, etc. it shows that he can't handle her.
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