Legal Question in Family Law in Texas

Temporary Custody of Child

Hello. Me and my wife are a young

couple and after celebrating the birth

of our first child, we began to enjoy

family life. Unfortunately there was

an ''accident'' about 7 months after

the birth of our first child, and my

wife became pregnant again.

We now have two kids that we love

dearly, but financially we are not in

the right place to take care of both

kids. My wife's parents have agreed

to take our youngest daughter, but

they wish to have full legal rights,

which concerns us. Me and my wife

only need a year or two to financially

establish ourselves, but her parents

would want full custody for legal

purposes.

I understand there is the option of

temporary custody, but I have a few

questions regarding this.

1 - Can we set the time for the

temporary custody? ie 13, 24

months

2 - Would we (the birth parents)

have any legal rights while the

grandparents have temporary

custody?

3 - If for some reason the

grandparents become too attached to

our daughter, could they try to

pursue full custody against our will or

with hold our daughter past the

temporary custody period?

Thank you.


Asked on 10/11/08, 6:23 pm

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

Re: Temporary Custody of Child

I can only answer your question in a global way.

However, I doubt that you will like my answer!

In Texas, ANYONE can ask for custody of a child after they have had possession and control of the child for 6 months.

After a person (can be a non-relative) has custody and possession of a minor child for 6 months, most judges will look at the BEST INTERESTS OF THE CHILD. Why should a child be moved?

Being a biological parent is not enough after you have VOLUNTARILY given up possession of your minor child.

If a person wants "legal custody" then a JUDGE must sign the paperwork.

If a person is granted LEGAL CUSTODY then the parent(s) will be required to pay that person CHILD SUPPORT.

I charge $150 to sit down with you and your spouse to discuss this matter is greater depth.

Please email if you want an appointment.

Fran Brochstein

[email protected]

Read more
Answered on 10/12/08, 1:30 am


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