Legal Question in Family Law in Texas

My ex-husband and I share joint custody of our daughter. He is working overseas for the time being. His Mother informed me that he has given her Power of Attorney over his finances and his custody with our daughter. Can this be done? Can he just give his custody away to anyone?!


Asked on 4/13/11, 1:58 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

He can give her power of attorney of his finances - that makes sense. The State of Texas has a form for that purpose.

He cannot give her custody of his daughter. There is no form in the State of Texas for that purpose!

Only a judge can change custody!

Here is what I'd do:

1. I'd be in an attorney's office immediately with a certified copy of your current court orders & have the attorney explain what your court orders say you can and cannot do. Have an attorney ready to represent you. If you don't have an attorney, look on this website for an attorney! I don't know where you live -- you might call Patricia Bushman at 713-807-9405 -- I rent space in her office -- tell her that I sent you to her. She offers payment plans. I'm not accepting new cases at this time.

2. If you get served with legal papers take them - don't avoid service!

3. Plus, I'd be at the courthouse & see if anything has been filed in your case.

What she said makes no sense. I think that she is trying to intimidate you.

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Answered on 4/13/11, 7:55 pm


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