Legal Question in Family Law in Texas

my husband and I have custody of a child who is 8 years old we have had him since he was born and his mom left him but we took custody of him to the court. before we went to court are attorneys settled out of court and she got visitationI believe it's worded as a joint custody on the paperwork with my husband and I being the primary but if my husband and I were to get a divorce who would get custody of the child. I already posted this one but I need to clarify something the child is actually mine and my husband's nephew. We took custody of him when he was just a baby because his mother abandoned since then we have gone to court because she came back for him we are custodial Guardians she does have visitation but only take it once in a blue moon. my concern is if my husband and I divorce would she get him back or would one of us get to keep him

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Asked on 4/02/14, 8:49 am

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

Thanks for clarifying.

If you are listed as a legal conservator of the child, then that continues until further notice of the court. Since you are actively involved in the child's life, I doubt that any court would remove you as a conservator of the child. (Guardianship in family court is improper terminology - that is probate court & totally different).

If you and your husband divorce, then one of you would probably get primary custody of the child. Of course, Mom can ask that since you are divorcing that she be made primary conservator of the child.

Of course, once a year, Mom can file a legal document at the courthouse to modify the current legal arrangements. She can ask for custody back of the minor child once a year.

I hope this answers your question.

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Answered on 4/02/14, 10:19 am


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