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?


Asked on 9/02/01, 11:16 am

2 Answers from Attorneys

David Sergi Sergi and Associates PLLC

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.

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Answered on 10/01/01, 9:24 am
Donald Teller Law Office of Donald E. Teller, Jr., P.C.

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.

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Answered on 10/01/01, 2:28 pm


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