Legal Question in Family Law in Texas

My question is, Can I get custody from my son's mother if she recently assaulted her mother and has a warrant out for her arrest? My son is nine years old. He was living with his mother at his grandmother's house (my ex's mother, not mine). Things are chaotic over there, the cops show up almost once a month, its a terrible environment for my son to be in. His mother is a really bad meth addict. After my ex-girlfriend (Son's mother) became wanted for assault, a restraining order was filed against her forcing her to leave the house. My son is now living there with his grandmother. My question is, given that his mom (Who has primary custody, I see my son often such as on the weekends, etc) is wanted for assault, has a restraining order against her keeping her from returning to the house, has a terrible drug addiction) and is currently sleeping in her car, do I need to file for any kind of legal petition for custody or can I just go get my son seeing as I have joint custody? Can I do the legal legwork myself or do I have to have a lawyer? My household environment is a clean, safe, and stable environment. I have a full time job doing iron work that pays fairly well and my current girlfriend is a nurse.

Asked on 9/21/16, 9:42 am

Mark Dunn Mark D. Dunn

0 users found helpful

0 attorneys agreed

You need to hire a lawyer.

Yes, you can probably get custody of your son.

You can save a lot of money if you contact CPS and get then involved, but then ... you're involved with CPS, which always turns into a nightmare.

Answered on 9/21/16, 5:02 pm

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