Legal Question in Family Law in Texas

I voluntarily placed my children in the care of my family member. No court order no judges signature and I have never signed over my rights as there mother. Is there anything or anyone that can legally stop me from going and getting my kids?


Asked on 5/15/15, 3:03 pm

1 Answer from Attorneys

Thomas Daley KoonsFuller PC

There are a number of ways you could be prevented from KEEPING your kids.

1. If you have been gone for more than 6 months, then the family member has the right to ask the court to appoint him or her as the children's managing conservator. Tex. Family Code section 102.003(a)(9).

2. If you live in a dangerous place or with dangerous people, the the family member has the right to ask the court to place the child with him or her on the basis that your circumstances would significantly harm the child's physical safety or emmotional well-being. Tex. Family Code secion 102.004.

HOWEVER: If there are no orders in place right this minute, then, right this minute, you could go get your children. The non-parents would have to file something with the court to prevent you from having the right to pick up your children.

Read more
Answered on 5/26/15, 1:45 pm


Related Questions & Answers

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