Legal Question in Family Law in Texas
Hi, my fianc�e is having trouble with his ex wife & their custody issues. We live in New Jersey but her & their two kids live in Texas. He found her doing drugs & immediately took the girls & divorced her. When they went to court she ended up getting full custody & he is only allowed to have them over the summer. Recently she had a warrant out & was arrested, plus she did not let him see them for thanksgiving which was part of their arrangement & now she is saying she is keeping them this summer. The law has really failed my fianc�e & he has given up because he believes the law always rules in favor of the mother. She is very unfit & we are worried their needs aren't being met. Should we take her to court about this? & do you think we have a good chance of getting the girls full time? Thank you for your time.
1 Answer from Attorneys
If she was arrested then you might have grounds for an emergency hearing.
You need to talk to an experienced family law attorney in the county where the case has jurisdiction.
It sounds like the case is in Texas. In Harris County (Houston) most judges do not favor the mothers - especially as the children get older.
If he is only ordered to see the children during the summer, then a modification of the visitation should be done. He got way below a Standard Possession Order for Texas. Normally he would get every spring break, 42 days in the summer and either Thanksgiving or Christmas plus at least one visit per month.
I hope this information helps.
www.familylaw4u.com
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