Legal Question in Family Law in Texas

I have had my son staying with me for the last two years and now all of a sudden his mom wants him to come back and stay with her. My son is 12 now and does not want to go to the school that he will have to go to living with her. He and I have expressed this to her and his reasons why he wants to stay with me and my wife and stepdaughter. Basically, if he lives with her when he gets out of school he will be home alone till she gets off. At least with us he will be coming home at the same time as his stepsister due to they will be in the same school.

I am really need to know in plain word what I can do as a father to keep my son without getting into any legal trouble with police? I am currently unemployed and would love to get a lawyer if they were willing to work with me. Please let me know anything I can or cannot do to take steps to in allowing my son to be here with me.


Asked on 8/04/10, 7:45 am

1 Answer from Attorneys
TC Langford Langford Law Office

You state that your son has been with you for 2 years. Was this by informal agreement, or by court order. If it's by court order, then you don't have to do anything, unless and until she files a petition to modify the order.

If the court order has him with mom, and he has been with you by informal agreement, then you need to file a petition to modify the order to keep him with you. At 12, he can tell the judge what his preference is, and why. The judge will consider it, when deciding what is in his best interest. Many attorneys will work with you on a payment plan.

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Answered on 8/09/10, 7:54 am


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