Legal Question in Family Law in Texas

temporary custody by mother in law

My nephew is soon to divorce his wife. She is addicted to drougs. The last time she was in trouble with the law her mother went to court in. She got temp. cust. of the 2, 8yr. old girls. The judge told my him that the orders were temp. that he needed to get help for his wife. He told the wife to go to treatment and when she got out to get a job. He took her to several treatment centers. Each time she got out she went back on drugs. He finally left her. She took a knife after him and kicked him down the stairs. Their girls were watching everything. The mother still has temp. cust. and is trying to get them to sign their rights over to her. She had her own children taken away from her by CP years ago because of abuse. He is staying in our house until he can get back on his feet. Does he have to have a lawer to get the cust. back to himself, or can he go to the Judge that made the order and request the girls back? He needs to do something ASAP, the situation is volatile. They are threatning him with everything they have. The girls are in the middle. This is a very disfuctional family. He is a good man who is stuck in a very bad situation.


Asked on 3/13/04, 11:44 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: temporary custody by mother in law

Since I assume your son is not an attorney, did not go to law school and is not familiar with the Texas Family Code, I would strongly urge you to retain an attorney.

You must follow the local rules of your county as well as the laws of the State of Texas.

Even if the Judge is sympathetic to your son's problem, the Judge must follow the rules of the State of Texas.

Again, I strongly urge anyone contemplating going into court to retain someone trained and familiar with the court system.

Good luck!

Fran Brochstein

www.familylaw4u.com

713-847-6000

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Answered on 3/15/04, 12:40 am


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