Legal Question in Family Law in Texas

I am the legal sole custodial parent living in Texas. My X-husband lives in New York. Our 9 year old son recently wanted to go stay with my parents for a couple of months, and this was agreed between both parents. My parents live in Laredo and We Live in San Antonio,tx. Today my X-husband called and stated that he did not feel this arrangement is working for him now and he will be willing to take leagal action. Am I doing anything wrong by letting my son stay with my parents until December 2009? Or does he need to come back home?

Asked on 8/26/09, 11:36 am

Fran Brochstein Attorney & Mediator

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If your parents have the child living with them for more than 6 months, they have legal standing to ask for legal custody.

Your ex can do anything he wants. You cannot stop him from filing a lawsuit to modify.

If the child is not living with you, then the father is the next preferred custodian. He is above all grandparents.

I don't know your situation, but many times when a boy reaches puberty, he goes to live with his bio. father.

Good luck!

I charge $1 per minute to discuss your situation.

Answered on 8/26/09, 11:43 am

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