Legal Question in Family Law in Texas
temporary child custody
my nephew has gone to jail and he has had custody of his son for 18mnths and the mother has not tried to have any contact with the child.. how can he give his mother temporary custody until he is released from prison
2 Answers from Attorneys
Re: temporary child custody
If he was granted custody in Louisiana or if he was living with his child in Louisiana even if there is no court order, he could execute a TEMPORARY CUSTODY BY MANDATE affidavit which would give his mom custody for a maximum of 1 year.....however, should the mother show up and there is no court order giving your nephew custody, then there could be problems. So, they should see an attorney who can discuss all the details with them.
Re: temporary child custody
Your really need to sit down with a good family law attorney, in the state where the original custody order was issued, and go over the details of this situation with him or her. There are too many variables to answer this here.
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