Asked in Family Law for Texas

Q: I have custody of my daughter through a child support document. My daughter now wants to live with him now

He won't make her come home so I feel like I'm forced to let her stay now since police won't help. I agreed to let her stay through December and will let him enroll her in school. By doing this could it be mistaken as I'm agreeing to this and I wonder if the school will let me withdraw her though my name in not on the enrollment forms. I'm very lost and just want to make the right decision for my daughter

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1 Lawyer Answer
Fran Brochstein
Fran Brochstein
Answered
  • Marble Falls, TX
  • Licensed in Texas

A: If agreed, all you need is paperwork changing custody.

If you don't agree then you can either litigate or go to mediation. Mediation is normally faster and cheaper.

If he had the child for more than 6 months then in Texas he has the right to ask for custody.

If the child is failing school or tardy/absent then perhaps his having primary custody is not in the child's best interests. Without a lot more information, I cannot address your questions fully.

I recommend that you talk to a family law attorney in YOUR county for guidance.

Good luck!

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