Legal Question in Family Law in Texas

temporary custody

If a father files for temp. custody does the mother have a chance to fight it or is cust. automactically given to the father?


Asked on 3/07/01, 3:52 pm

3 Answers from Attorneys

Gerald R. Yoakum The Practice of Gerald R. Yoakum, P.C. A Full Service Law Firm

Re: temporary custody

This is not an area you want to cut corners, be careful!

If you need help please call me anytime.713-902-3754

Visit my web page www.ThePracticeOnline.com

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Answered on 5/28/01, 12:16 am
Eric Williams Law Office of Eric L. Williams

Re: temporary custody

First, you always have a "chance" and sometimes an obligation to attempt to obtain primary custody of your children. Each case is very different. I advise you to contact an attorney for a face-to-face consultation.

The law in Texas does not favor either the mother or father - no preference is supposed to exist. However, each judge is still human, and therefore has their own set of values, beliefs, etc.

Also, since 1999, Texas law allows a child 10 years or older, to file thier own choice of parent they want to live with. Sometimes court's accept that choice, and sometimes they don't.

Please seek an office consultation with an attorney qualified in family law.

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Answered on 5/18/01, 10:15 pm
Fran Brochstein Attorney & Mediator

Re: temporary custody

If you do not attend the hearing after being notified of the court date, the Judge will assume that you are not interested and the father will get temporary custody.

I recommend that you hire an attorney to assist you since there are a variety of options available to you to fight for custody. For example, some courts will appoint an attorney ad litem to represent the child. The parties normally share the cost of this attorney since most children do not have any assets. A social study can also be requested.

Some courts are lenient in appointing attorneys at litem and soing social studies. Others refuse to consider ordering them. Therefore, I highly recommend you find an attorney that is familiar with the court your case is assigned to in order to discuss the options available to you.

Best of luck to you.

If you are in the Houston or Harris County area, please feel free to give me a call for a free telephone consultation.

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Answered on 5/22/01, 9:09 pm


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