Asked in Family Law for Texas

Q: My son is with me for the summer, and he does not want to go back with his mom. How do I start the custody battle?

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2 Lawyer Answers
Fran Brochstein
Fran Brochstein
Answered
  • Marble Falls, TX
  • Licensed in Texas

A: Many children say this during the summer. You need to really determine what is going on. In the meantime, you need to talk to a family law attorney in your county about your options. You might consider mediation. If you don't have it yet, you can ask for an expanded standard possession order and automatically receive it -- that would get you 48% time with the child -- a fellow attorney in Houston calculated the hours of an expanded SPO and told me that it's really 48.5% of the time. Good luck!

Fran Brochstein
Fran Brochstein
Answered
  • Marble Falls, TX
  • Licensed in Texas

A: Or you can go to mediation and ask for week on-week off visits -- 50/50 split. The judges have to accept a valid and executed MSA if done properly.

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