Legal Question in Family Law in Texas
Regaining Custody
My ex-husband and daughter moved to New York in 1998. My daughter is now 12 and wants to come back to live with me. I am aware of the UCCJA but I also know that Texas modified this keeping the case in Texas. How can I go about regaining custody without it costing me a fortune?
2 Answers from Attorneys
Re: Regaining Custody
Simply put, there is no quick and cheap solution. You can file a motion to modify, have your
daughter execute a choice of managing conservator form and then go thru the process. If you
husband fights it you might have to go thru a social study, deal with an attorney appointed for
your daughter and survive a hearing or two. There is no assurance of success. However, you must
do what�s right for your daughter, not for either of you. If she is running from a problem then help
her, if she really is better with you then fight for what is right.
Re: Regaining Custody
Regaining custody does not cost a fortune if it is by agreement, however if it is not then it is expensive. FIGHT = $$ (I wish I could say otherwise, but it is a fact). You need to file a motion to modify and seek to have a TX court order custody returned to you. Your ex-H may also file in NY which could add to the expense. However, you will need to evaluate the costs vs the benefits (i.e. if it is worth the money to go to court). If it is, then file. If it isn't, then don't.