Legal Question in Family Law in Texas
Rights of a father
My brother, Joe, has a 4 year old son that he has had in his home for over a year and a half. The boy's mother has custody of him, but Joe has physically had him since April 04. She has seen her son once and talks to him rarely on the phone (she lives in Illinois Joe in Texas). What rights does Joe have to gain full custody of Ryan? Does he have to take the boy back to her for any reason? She has decided she want him back and Joe wants to keep him.
2 Answers from Attorneys
Re: Rights of a father
He needs to retain an attorney and file immediately for a Temporary Restraining Order to maintain the child in his current jurisdiction. If the original orders are in another state he needs to file and transfer the case to the county where he lives. He has excellent grounds to change primary conservatorship, but he should do so right away. TCL [email protected]
Re: Rights of a father
Some facts are missing. If she has court ordered custody and demands to have the child back the father could be in contempt. If the father has kept the child from the mother then he could really have problems. He has a right to modify the prior order if certain elements are meet. Your brother needs to hire an aggressive, competent attorney in the county where he resides or has lived for the last six months. If we can be of any assistance feel free to call or e-mail--hire an attorney quick!
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