Legal Question in Family Law in Texas
How to get emergency custody of minor children?
Help us please! We are in need of emergency advice for a father who has custody of his children. They were with the mother initially. Every time he got them, they had lice and were unkempt. The house infested with lice and no food. She works nights and left them with unemployed boyfriend and another couple in their former apt. He demanded to keep them nights and weekends to get them out of that environment. He was paying her $400 month, and they are not divorced and one hasn't been filed yet? She is now harassing him on the job and calling family members and hanging up since he refuses to return them to that environment. He is afraid she will snatch them up, file a false assault report and get her free help, welfare, etc.She has been acting as if on ecstacy or something.
He lives in Ft Worth, Tx. He only has $500 to start and needs some emergency help. Thank you for a quick reply.
2 Answers from Attorneys
Re: How to get emergency custody of minor children?
If there is no divorce and no divorce has been filed, then the father has as much right to the children as the mother. I recommend that a divorce be filed as soon as possible with a request for temporary orders with the children living with father and to prevent further harassment by mother. The filing fees are about $200.00 and service of process will run about $100-200; this does not include attorney fees. If the father is low income, then try calling West Texas Legal Services for assistance.
Re: How to get emergency custody of minor children?
The answer you received from Mr. Manus gave was right on target. Your brother needs to have more than $500 to go forward. In the event that she takes the children he can call Child Protective Services but be prepared for a long nightmare of invasions into his home and hers. West Texas Legal is the option for the truly poor but most people just don't want to spend money. I suspect this case has more to it than you write. He was paying her child support - how did that come about? I do give one free legal consultation by telepone free of charge. I will be gone until Monday but he can call me then at 817 261-2671
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