Legal Question in Family Law in Texas

I am soon to be fileing for a custody modification for my 12 yr old son. I paid a membership to a service that misrepresented themselves as legal support but were actually only for filling out paperwork for an additional $990.That ordeal wasted precious time when I could have already filled out, filed and served the mother by now. So,now that time of the essence, (he is supposed to go back to his mothers on July 31st) is there a temporary or emergency order that I can file in order to keep him here while we wait for a hearing date to be set? (we are in Brazoria County Tx)


Asked on 7/20/14, 3:17 pm

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

You must file an emergency modification and attach an affidavit explaining why the child should not go back to mom. Your attorney would ask for a court date.

I recommend that you contact attorney Patricia Bushman at 713-807-9405. Talk to Mandy her paralegal for an appointment. Your first appointment is free. She takes credit cards and takes payment plans. She has represented many men seeking custody, including my male cousin. She won custody for my cousin & eventually had the ex-wife thrown in jail for contempt. How much will it cost? You need to serve Mom and it will depend on how much she wants to fight.

I know lots of lawyers that practice in Brazoria. If you want to look for an attorney look on this website and on www.avvo.com

I only mediate these days -- which is certainly an option for you.

If the child merely wants to change custody, you must ask the judge to interview the child in chambers. But be aware that just because the child wants to come live with you is NOT binding on the judge. The child has no say on on where they live until they turn 18. Many people in TX think that a 12 year old can make decisions -- that is no where in the TX Family Code.

I hope this information is helpful.

www.familylaw4u.com

713-847-6000

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Answered on 7/20/14, 5:25 pm


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