Houston, TX asked in Family Law and Child Custody for Texas

Q: Can anyone come and take my son back from me?

My son had lived with his grandparents in LA for 2yrs with me trying to get him back for the last yr, they have refused, dad is now living there with his parents too, I have joint custody as managing conservator with his father, this last weekend when I was visiting I went and brought my son back to texas, he is 10 and has been begging to come home, I have a stable home&job, can they come and take him back from me? Is there anything they can do? I tried to work with them to transition. Him back home but was ignored&lied to, I did visit him often there and never signed any paperwork giving anyone any kind of rights. Also dad is 20k behind in child support, I did agree to forgive the last 18months that my son was in his parents care. Can they do anything to take him back from me?

Related Topics:
4 Lawyer Answers
Rahlita D. Thornton
PREMIUM
Rahlita D. Thornton
Answered
  • Divorce Lawyer
  • Houston, TX
  • Licensed in Texas

A: Sounds like you already have an order in place. Read it for clarity. After that contact an attorney in the county in which the order was rendered. In order for you to get good legal advice the attorney should read your order and get a clear picture of what is happening now. Good luck. 888-343-4529.

Jon R. Boyd
Jon R. Boyd
Answered
  • Divorce Lawyer
  • Fort Worth, TX
  • Licensed in Texas

A: Yes.

The father always has standing to sue.

You have also now given his parents standing to sue.

Worse, they could argue jurisdiction should be moved to Louisiana, although you may be able to defeat it.

Whether they try all this, who knows?

David C. Adams
David C. Adams
Answered
  • League City, TX
  • Licensed in Texas

A: It sounds like you already have a custody order in place. Review it carefully as it will tell you what you can and can't with your son.

Sharita Blacknall
Sharita Blacknall
Answered
  • Divorce Lawyer
  • Plano, TX
  • Licensed in Texas

A: Read your order to see who has the right to determine the child's residence.

If you have the right to determine the child's residence the grandparents can file a motion to modify that order based upon the fact that the child has lived with them for the past 2 years.

They may not do anything. But, if they do you need to be prepared to hire you an attorney immediately. If you do not currently have funds for a retainer, you should start saving or figuring out where you would get the money if you should suddenly need to hire an attorney.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.