San Antonio, TX asked in Family Law for Texas

Q: My husband and I have his three children for the last six months,support is still taken from his check what do we do?

She(the birth mother) is on public assistance(over $600 in food stamps)and has moved out of her mothers house with a new boyfriend

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1 Lawyer Answer

A: Talk to a family law attorney in your county about filing for a modification and asking for legal custody. Look around for an attorney that will work with you regarding price. If mom agrees to the modification, it's only preparing paperwork for the judge to sign and stop the child support coming out of his check. Normally you have to have possession of the children for 6 months in order to change custody but if it is an emergency situation, you need to let the court know with an Affidavit attached to the Petition to Modify.

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