Legal Question in Family Law in Texas
My husbands mother has his son. She has had him for 4 years. There was never a custody order or anything like that in place just a piece of paper giving her permission to enroll him into school. For 2 years now my husband has been asking for his son back and she refuses. How can we get him back? What if any legal steps need to be taken?
3 Answers from Attorneys
Your husband needs to file a Petition for Habeas Corpus for the return of the child. It will probably get more complicated if mom decides to fight it. I can assist him with this matter. If he cares to visit more, please contact me directly.
Based on what you have written, does your husband have custody of his son through a court order? Your husband may want to consider filing a habeas corpus for return of his child. This will basically force the grandparent to return your husband's child to him. This can be a simple process unless the grandmother wants to make things complicated for your husband. Your husband should be ready to discuss why he left his child with the grandparent for over four years. If my local law firm can assist you or your husband with this legal issue or any other legal matter, please contact us at [email protected] to arrange for an initial consultation.
If there is no court order giving Grandmother custody of the child then there is no reason dad cannot just go get his son although after 4 years it is probably not going to be that simple. Dad really needs to do something fairly soon before Grandmother files for custody.
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