Legal Question in Family Law in Texas

Unfit Mother?

My Step son is in Pre-K. His mother recently got kicked out of where she was staying (custodial parent). She works evening hours and has no place to stay, my husband and I keep him and her other baby by a different man when she works normally 2-10, she picks up the baby but leaves him because its late so that we can take him to school the next morning. she picks him up @ 11 and normally brings them both back when she goes to work. Plus we have him on the normal periods of possession. Most of the time we have him, take him to school, and to doctors.We have a visitation schedule and child support order already. But if these circumstances continue, could we fight for custody and would it be a reasonable reason? He was in a bad environment before with him and we have her on recording saying these things, also stating she really doesn't have a place to stay? I know there is some kinf of six month law if the child stays with you majority of the time then you may be able to get them, but I am not really sure. Any info. is helpful. Thank you!


Asked on 2/29/08, 11:34 am

1 Answer from Attorneys
Jeffrey Brashear The Brashear Law Firm, PLLC

Re: Unfit Mother?

Generally, you can petition the court for a modification of the original order establishing possessory conservatorship when the circumstances warrant such a change. From what you have stated, it appears that such a modification may be warranted. You should seek the assistance of a law firm when filing the modification. If my law firm can assist you with this legal issue or any other legal matter, please contact my legal assistant Jennifer ([email protected]).

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Answered on 2/29/08, 1:06 pm


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