Legal Question in Family Law in Texas

You need to immediately file a Writ of Attachment or Writ of Habeas Corpus to return the children to your possession.

You see, under Texas law, if one parent voluntarily gives up possession of their children for more than 6 months, the person who has actually cared for the children for those 6 months can petition the court for "primary" or "managing" conservatorship. However, according to your statements, you still have a valid order in effect (which indicates YOU as primary) AND you have his signature on an agreement that apparently recognizes each party's understanding that this was purely temporary. That will be very important evidence in your case, and helpful if he claims there was no such agreement.

Ultimately, if you and your ex are unable to figure this out between yourselves, it will be up to a court to decide what is in the best interest of your girls: staying in dad's care or returning to your care. I'd suggest you visit with a strong and knowledgable family law attorney so that you can regain possession of your children if your ex continues to keep them from you.

Good luck to you and your girls.

I suspect that you live in the Houston area.

I strongly urge you to retain the services of a tough family law attorney. I suggest that you hire PATRICIA BUSHMAN at 713-807-9405. Talk to JESSICA in her office. PLEASE TELL HER THAT FRAN SENT YOU - for the special "FRAN" discount!