Legal Question in Family Law in Texas

My husband and I have had full custody if my step son since he was 1. He is about to turn 4 and his biological mother wants to take us back to court to get him back. She lost custody if him due to her criminal background and drug abuse. Can she get him back? The only rights she has over him is third party visitation and she doesn't want to pay to see him, so she hasn't seen him in a yr.


Asked on 6/19/11, 10:13 pm

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

A motion to modify (to change custody) will allege a change of circumstances, that is, it will allege that circumstances have changed since the entry of the other order, and that a change (in custody) will be in the child's best interest. She can either prove this or she can't.

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Answered on 6/20/11, 1:26 pm


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