Legal Question in Family Law in Texas
My kids lived with me full-time until I had to get a job with late hours. I was forced to ask my exboyfriend (the father) to keep the kids for a while cuz my hours at work didn't allow me to get them from school. Now I'm wanting them to stay back with me and my ex is refusing to let them. He lets me spend time with them but wont let me keep them. Now he's filing for child support. His house is unsanitary and unhealthy. How can I get my kids back in my house?
1 Answer from Attorneys
If there are no orders in place regarding your children at this time, then you both have equal rights to have possession of the children. However, if the children have lived with him for 6 months or more, he has a very good chance of winning this case. You say that his house is unsanitary and unhealthy, but you let your kids live there. Is it really that bad or are you a bad mom? I don't mean that question to be insulting--it's just that that is precisely how he will frame the issue at trial. There are answers that don't push you into such a trap--but you need to be prepared to deal with it.
Now that he has filed suit, you need to be careful going and grabbing the kids. There may be standing orders in place that prevent that, depending on the county in which the suit was filed.
If you want to fight for custody, you're going to need to hire an attorney. Self-represented litigants do not win these battles very often.
Good luck!
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