Legal Question in Family Law in Texas
Father Seeking Custody
My brother and his wife recently divorced and in the custody decree agreed that he have custody of my nephew and she have custody of my niece. My nephew does not like to go see his mother except for an hour or so. He is verbally and sometimes physically abused when he goes for his visits. My niece is neglected in her care. She refuses to take the baby to the doctor when she is sick or needs her vaccinations (which she is not current on at this time). She always comes up with some excuse even when my brother made her the appt. She is not seeing to the well being of either child when they are in her care. How can my brother go about filing a modification to get custody of his daughter and limit visitations with either of the children? Will they do a home study on her to find out which home is truly meeting the needs of the child?
1 Answer from Attorneys
Re: Father Seeking Custody
First and foremost of concern is the health and safety of the children. If the mother is abusive and causing medical neglect, you need to call child protective services (Texas Dept. of Protective and Regulatory Services) and report it immediately. Child protective services will investigate if they feel there is abuse, and if a child is removed from the mother, they will conduct a home study, psychological exams, and offer parenting classes and other services.
Your brother can also file a petition to modify the original decree and seek a new court order for the things you mentioned. In a temporary orders hearing, the judge can order a social study and psychological exams, and also will decide which of the parties will pay for it or divide the expense equally. You did not say how recent the divorce was, but your brother will need to show for the modification that this abuse is a change in circumstances that was not the situation when they divorced. The hearing can be very complicated, and it is important for him to hire an attorney for the modification.
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