Legal Question in Family Law in Texas

Temporary Custody

My husband and I lived out of state but his ex- wife and two children, aged 12 & 14, reside in Texas. My stepson is miserably failing the 9th grade, as well as almost failing the 3 years prior in middle school. We have tried to work with the ex to help him but as she and her husband both work until after 5 most days and there are not just my 2 stepchildren, but 2 other children living there, his homework seems to fall between the cracks. I am a stay at home student and my husband is in the military, but is about to retire and will not be deploying anymore. Is it a good idea to ask for temporary custody of our children to see if they would thrive in a more attentive environment? It doesn't seem like it can get much worse educationally for him and it seems so unfair not to give our children a shot at being as successful as possible.


Asked on 11/25/12, 11:05 pm

1 Answer from Attorneys
TC Langford Langford Law Office

The first approach should be for your husband to sit down and have a frank discussion of the options with the child's mother. If that fails, then a mediation may be the next most appropriate option - and may be required under his decree. If he believes that this is the best course, but cannot reach agreement, then he would file a petition to modify. The court may or may not agree with him regarding the child's best interest - his education is certainly important, however, the litigation may reveal other factors at play. Good luck, and know that he should not consider doing this without legal representation, as it can become quite complicated procedurally.

Read more
Answered on 11/26/12, 4:21 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas