Legal Question in Family Law in Texas
My mother has custody of my daughter. The custody was based on a power of attorney from 2007. a hand written one at first and than a typed one. they were both notarized with out my presence and about a month after i signed it. she took me to court for child support. the court says i have to pay $215 a month in child support. I want to take custody of my daughter. I am pregnant and have 2 children at home with no job. i am supported 100% by my boyfriend. i pay nothing. how do i get my daughter back and keep from paying child support?
3 Answers from Attorneys
File a motion for modification of the custody order and allege that there has been a change in circumstances (I assume that there has been). Plan on spending at least $10,000 for lawyer's fees, mediation fees, and a social study.
I'd be glad for you and your boyfriend to come to see me. I charge $2 per minute to discuss your options. Plan on spending at least an hour with me.
You are asking very complex questions to a very complex problem. Much too difficult to try to answer on a free internet site.
Bring a list of questions. I'll be glad to try to answer all of your questions. If you have a long list it might take 2 or 3 hours.
You control how much $$ you spend.
713-847-6000
Fran Brochstein
"Custody" can't be granted though a power of attorney. The court must have granted your mother a conservatorship and found it to be in the best interest of the child to make her the primary conservator.
You have two children and one on the way and no job. Look at the situation realistically and see if it would really be in the best interest of the child for you to get her back. You should not do it just because of child support. Under any circumstances, it will cost you more than $125 per month to raise your daughter. Kids are expensive.
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