Legal Question in Family Law in Texas

My ex-brother-in-law took in my children last October w/the promise to care for them. Since that time, I've learned some disturbing things of his "parenting", including getting them involved in drugs. CPS did an investigation and found nothing. I'm now being sued for custody of my son by him and he has him for the rest of the summer because it's my son's father's time for visitation. He's also posted criminal tresspassing charges on me so that I cannot get him when it's my turn. What can I do?


Asked on 6/25/12, 7:08 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

I assume that there are no temporary orders in place.

Write him a letter (PAPER letter - no text messages, emails, tweets, etc.) and tell him that you expect somebody to bring your children back at the end of the father's summer time. Send a copy to the father. End the letter by saying that if the children aren't brought back, you will file an application for a writ of habeas corpus AND a motion for contempt AND you'll file felony charges against him under provisions of section 25.03 of the Texas Family Code.

Remember: Paper letter. Don't be lazy. Lick a couple of 45-cent stamps.

And get a good lawyer to represent you in the custody suit.

Read more
Answered on 6/25/12, 5:00 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas