Divorce and child custody Houston Texas?

Question

My neighbor is seeking to divorce her Husband and has 3 minor children. She is a stay at home mom. Her husband works outside the home and is recruting his wealthy parents to help him get custody of their 3 children. What Is she to do? Is their Attorneys who work Pro bono? For such woman in this situation. She is scared to death that his parents money will cause her to loose her children. She is a wonderful mother. He on the other hand has a very bad temper and she and the children live in fear of him every day. Her Mother lives in another state. Can she take the children to her mothers legally? Does she have to retain an attorney to file for custody before him? how does all this work? How much money is needed for her to go through the devorce and custody issues? If he gets an attorney could she qualify for a court apointed attorney? Would he(her husband) have to pay her legal
fees? What Should she expect to recieve in child support if she gets custody of the 3 children.

Another question.. Can she go to the court house and file on her own or is an attorney needed? For both custody and divorce? I feel so bad for her I really hope their is someone who can give me some sound advice for her. If their are any attorneys who are reading this I sure would appreciate your response.

She lives in Houston Texas. I'm sure the laws differ from one state to another.

Answer 1

I went through similar situation. The next time he yells or threatens, whatever it is he does she should go to battered woman's shelter. She does not have to stay there. All she has to do is explain what is going on and they will pay for a restraining order. They can do it on an emergency basis without him there. With this she can get temporary custody. That i show I started mine. I also want to add that we were already living separate. They will also make sure she gets at least one vehicle if the couple own more than one. This will buy her sometime to get the state and whom ever else is willing to get involved and help. I WISH HER LOTS OF LUCK!!!!!!!!!!!!!!!

Answer 2

first of all.. she could take her children to where her mom lives and no one could really say anything because she is the kids mom and she still has custody that might make it harder for him to get the kids because she would be living in another state and according to texas you must be a residence of that city or another state for six months before you can proceed with divorce proceedings during that time she would need to try to make a life for herself and her kids there where her mom lives she would need to find a job and all that too..however since she doesnt work if she cannot hire her own attorney then she can go thru legal aid but keep in mind that those lawyers work for the state so of course his parents money will get him a better lawyer... and he wont have to pay her legal fees and most times in texas if the mother is a good mother and nothing bad can be said about her (other than she doesnt work, and thats prolly not her fault) then the texas courts like for children to stay with the mother.. how old are the children are they old enough to tell the judge who they want to live with.. because if the kids are old enough to tell the judge that they are scared of him almost everyday then the judge more than likely will see that they want and need to be with the mom.. as for child support it is a certain percent of what he makes monthly that they will take from his check and she might be entitled to some alimony too since she doesnt work.. if i were her or you... then i would make appointments with some attorneys most time the initial consultation is free and she could get advice from about three or four of them just so she is up to date on the info.. but she will need to tell the lawyer that she is thinking of moving out of state if that is what she wants to do..not to spite him because of the custody (dont tell them that) just tell them that with all the drama going on in the household that she thinks that it would be better to stay with her mother for the time being... but she will need to move before either one files for divorce... hope all that helps a little

Answer 3

I know a little about divorce laws and arthur w is right. Whatever she does make sure she does not take the kids accross state line or she probably will get locked up and lose all custody of her children.

Answer 4

Just for starters, she needs to GET THOSE KIDS OUT OF TEXAS ASAP ....and file for sole custody to slow him down. Jurisdiction is where the kids are. If she waits until HE files anything, she can not legally take them out of the state.

Answer 5

First, divorce laws are now basically the same in the US. If She cannot afford an atty maybe she can get a paralegal which is just as good but for a whole lot less. But you do have a constitutional right to defend yourself with a little help. Yes you can file by yourself. Divorce courts are in her favor. Unless she has documented child or drug/mental abuse charges against her shell get custody of the kids (courts favor giving kids to their mother), child support, the house, and possibly spousal support. He will get Texass mandated child visitation rights. Do not takes the kids out of state without written permission from their dad or youll be facing federal kidnapping charges to avoid custody hearings. The support amounts will be decided by state laws for such so I dont know how much. Basically let him pay for the atty. Just dont agree to or sign anything sent by him or his atty or itll be all over. Now his atty will try to settle this mostly out of court to avoid alot of the above and to get her to sign off on things in favor of his client, so be prepared for some real smooth atty work to come her way anytime soon. If they can settle out of court or before court, the court wont overturn anything settled prior. Now if he is ordered to repay her legal fees, shell have to dish the money out now for the atty. Contact your legal aid assoc.for help or a nearby university with a legal dept for a paralegal or check your yellow pages for one. Now I cant legally represent her but I will try to help the best I can from here, so if you wish just email me with questions or problems. You can tell them you have a legal advisor but dont tell them who unless order to by a judge. Itll keep them on their toes not knowing who and will stop any unnecessary harassment from them. Just dont sign or agree or argue with them at all and let me know, please