Legal Question in Family Law in Texas
I am the non costodial parent of my 13 year old son (he has lived with his da for 2 years). I am the primary conservator of his two younger brothers ages 11 and 7. My son stated he wanted to move back home with me... simply stating he 'needed his mama and brother'. We spoke with his Dad and he went back and forth with he can come and now he states he will make the ultimate decision and he wants him to wait the school year out. With this said he is at semester and this would be a perfect time for him to move. My son was a mess when I had to drop him off with his dad yesterday. If I contact an attorney it will take some time before the modifications can be made and he will be well into the semester. Should I contact a attorney and get modification paperwork rolling for the end of the year? Would a judge allow him to move in the school year? Please any advice would be appreciated. My heart is dying inside thinking this boy needs me and I can not be with him. Thanks so much.
2 Answers from Attorneys
You need to talk to a family law attorney in your county. You can request that the judge interview the child in chambers to express his desires. However, the child's wishes are not binding on the judge. You probably need to start now since it might take awhile to get the case completed if the father does not agree with the change in custody. Look on this website and on www.avvo.com for an attorney in your area. Good luck!
I would be glad to offer you a free consultation to discuss the steps you should take. It may be that the court will enter at least a temporary order changing custody for your older son after the court has visited with the child in chambers. Some other courts prefer to appoint an amicus attorney instead. In order to fully analyze your situation, I would need to know the county and court your current order is from. My contact and background information can be found on my website at www.brucezivley.com I am a board certified specialist in family law and have experience handling these type of cases. Please call me if you want to discuss your case further.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
