Legal Question in Family Law in Texas

I was divorced and awarded custody of my child, after 5 years, can the noncustodial parent take me back to court for custody?


Asked on 6/01/10, 7:29 pm

2 Answers from Attorneys

Fran Brochstein Attorney & Mediator

To be brief and to the point, yes.

The noncustodial parent has the burden to show why there should be a change in custody.

Why should this child's life be uprooted?

If you'd like a consultation, I charge $2 per minute to talk about your case.

[email protected] or 713-847-6000.

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Answered on 6/02/10, 1:10 am
Jeffrey Brashear The Brashear Law Firm, PLLC

Based on what you have written, the non-custodial parent can take you back to court and challenge custody. There are some specific requirements set forth in the Texas Family Code which would make the non-custodial parent have the burden of showing the court why it is in the child's best interest to change custody. You probably should talk with a local law firm to ensure that your rights and interest are being fully protected.

The above response given is not intended to create, nor does it create an on-going duty to respond to questions. Additionally, the response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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Answered on 6/02/10, 6:36 am


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