Legal Question in Family Law in Texas

Re: Signed gaurdianship papers

Thank you for your question. Section 157.373 under the Habeas Corpus section of the Texas Family Code says that you have an absolute right to have your children returned to you if no more than six months have elapsed since you relinquished custody. Since you indicate that the girls went to stay with the relative (I will will call her sister for simplicity), your six months have either just passed or are going to pass soon. You must take action now to get the automatic return of your children. Calculate the date where the girls went to stay at sister's place and see if six months have passed. From today, Dec. 17, that means June 17. If the girls went to stay with her before June 17, our case is a little more difficult. If after June 17, the case is easier to win. Either way, do not wait another day to seek counsel. We may be able to use the date you signed the guardianship form as the beginning of the six months and this may be more favorable to the case. Since we have no prior order, we must file in the county where the kids reside now.

If this is Dallas, Denton, Tarrant or Collin County, you may contact me for a free consultation. (972) 481-7990 is my number. Be sure to identify yourself with this same question. Thank you.