Legal Question in Family Law in Texas

How do we file for custody

My fiance has a 2 year old son that he has had in his custody for five months and on and off for one solid year. The child's mother, does not want to care for the child except when income tax falls around. She has not even called to check on him in the last four months. She does not work any place long and she does not have any stable living conditions. We have had to come in and take the little boy away from her on several occassions because she had no place to go. Now, after we have practically raised him, she wants us to bring him to her, but she will only keep him for awhile and then call us back. How do we get ''legal'' custody of him? It is not fair to him that he is moved around every few months when she feels like being a mother to him. We love him and want the best for him. We are better able to raise him and take care of him than she is. Please help.


Asked on 12/01/01, 1:08 am

2 Answers from Attorneys

David Sergi Sergi and Associates PLLC

Re: How do we file for custody

The father could file a suit affecting parent child relationship seeking custody. Be sure to have all your fact in line when you talk to an attorney. In the suit you can ask a judge for a restraining order which keeps her from snathing the child.

This is not cheap but if you have solid grounds, as you seem to have, it will be worth it for the child.

If you are in the Austin/ San Antonio area please give me a call.

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Answered on 12/01/01, 9:53 am
Fran Brochstein Attorney & Mediator

Re: How do we file for custody

You need to have a list of all the addresses the child has lived since he was born and who lived with him at that address.

Address:

People:

Dates:

If you live in the Houston area, give me a call.

My office phone is 713-847-6000. Be sure to let me know you got me off lawguru.com

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Answered on 12/03/01, 8:03 pm


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