Legal Question in Family Law in Texas
Re-family law
My Xwife and I had joint custody of our son. I am retired military with no criminal record and no history of abuse. My Xwife passed away 5/4/08 from cancer. I live about 160 miles away. Her family showed up from Boston to make funeral arrangements, and told me I was not invited, and that they will be taking my son with them. My son is thirteen and I am his legal guardian and biological father. I do not want to take him before the funeral, but I do not want to wait until it is too late. I do not want to hurt my son's feelings, because he is going thru a hard time. My question is what charges can I file if they take him out of state when they leave. I submitted this question earlier, but I was upset. This is the corrected.
3 Answers from Attorneys
Re: Re-family law
You need to retain an attorney to file the custody provision of the divorce decree. You can also file a lawsuit againt the family for interfering with the custody provisions of the divorce decree.
As an aside, if you granted custody, child support should end once you are granted custody.
It would be a good idea to file the motion to modify before they leave (and serve your ex wife's estate) to show the family you are serious.
Re: Re-family law
Since you don't accept e-mail replies I'll respond to your e-mail here.
This is a civil (family) matter and needs to be handled through the family court with continuing jurisdiction over your son.
Family law attorneys don't press "charges". That is a criminal action. If warranted, District Attorneys file charges on behalf of the State of Texas after there has been a criminal complaint.
Stop worrying about what you're going to do to you in-laws after they take your son out of state and do something to prevent it! Get a good family law attorney.
� This e-mail and the information included in it are for educational purposes only and are not intended to be taken or construed as legal advice. Accessing the information contained in this e-mail does not create an attorney-client relationship. On its own, no electronic communication to or from this firm will create an attorney-client relationship nor will such a communication be considered as an attorney-client privileged communication. ---
Re: Re-family law
Since you don't accept e-mail replies I'll respond to your e-mail here.
This is a civil (family) matter and needs to be handled through the family court with continuing jurisdiction over your son.
Family law attorneys don't press "charges". That is a criminal action. If warranted, District Attorneys file charges on behalf of the State of Texas after there has been a criminal complaint.
Stop worrying about what you're going to do to you in-laws after they take your son out of state and do something to prevent it! Get a good family law attorney.
� This e-mail and the information included in it are for educational purposes only and are not intended to be taken or construed as legal advice. Accessing the information contained in this e-mail does not create an attorney-client relationship. On its own, no electronic communication to or from this firm will create an attorney-client relationship nor will such a communication be considered as an attorney-client privileged communication. ---
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.
