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My brothers wife left him last week and moved in with another man she met only a few weeks before that. She dropped off their son yesterday and my brother has decided to try and gain custudy.
He has yet to file for a divorce or custudy. What is to keep her from taking the child from school and not returning him. I guess what I'm really trying to ask here is can he and if so how can he keep his son until suit is filed. If it helps, we live in Texas

2006-08-09 10:41:31 · 8 answers · asked by brina 1 in Family & Relationships Marriage & Divorce

8 answers

First, he has to file a divorce petition ASAP. The standing orders in every Texas county prevent divorcing parents from making such unilateral changes in the child life.

Second, if the child is 12 or older, the child has a significant voice in who he will live with. If not, and the couple cannot agree, the judge will decide.

Nothing can be done if he doesn't start the process.

BTW, I'm am going through this right now. Message me if you want to talk.

Good luck to all of you!

2006-08-09 10:49:00 · answer #1 · answered by Otis F 7 · 2 0

Your brother has to act quickly. Who knows what kind of people she has already left the boy with. I know for a fact that if the little boy is given back to the Mother, she will leave him time and time again. Another thing is exposing the little boy to many different boyfriends. This Mother doesn't give a rats ***, or she wouldn't do this. Protect the boy from this so called Mother.
It will also be protecting the little boy from his Mother's boyfriends who usually resent another mans child. Especially little boys. Fight for custody of him. You'll never regret it or she will hit you for child support and then you will watch your little boy suffer. This is what these low life Mothers do. She will spend the child support on herself and not the child

2006-08-09 18:03:28 · answer #2 · answered by Norskeyenta 6 · 0 0

Both parents have equal rights to the child until the courts say otherwise. I would suggest he goes straight to the courts and file for temporary custody. Most courts have a self help center or can at least refer you to where you can get help. He might also want to contact the school and let them know what is happening and that he would prefer they only release the child to him or at least call him if she does pick the child up.

2006-08-09 17:52:18 · answer #3 · answered by middle aged and love it 3 · 0 0

well i think i can help so here goes....even if he hasnt filed he needs to do the same thing a woman does just keep the child. Contact child services and see what they have to say if the child is better off living with him then they will help from there. He also needs to contact her and tell her he wants to keep his son.

2006-08-09 17:52:31 · answer #4 · answered by Joy C 1 · 0 0

go to an attorney and have them file an emergency hearing, this will take 1 week or less usually, the lawyer can advise you on how to handle the ex until then.

2006-08-09 17:48:38 · answer #5 · answered by LittleLady 5 · 0 0

Go to a judge and ask for a temporary order of custody.

2006-08-09 17:49:00 · answer #6 · answered by Kaia 7 · 0 0

The judge will decide

2006-08-09 17:45:38 · answer #7 · answered by Anonymous · 0 0

he needs an attorney, and an order giving him custody

2006-08-09 17:45:27 · answer #8 · answered by bronzebabekentucky 7 · 0 0

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