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

Q: The mother which has custody of my child dropped the child off to visit for an afternoon and has not returned

What should I do

Related Topics:
1 Lawyer Answer
Chad Zubi
Chad Zubi
  • Divorce Lawyer
  • Humble, TX
  • Licensed in Texas

A: You should talk to a lawyer about the specific circumstances that you are in. There are questions that must be answered such as, how long has it been since she left and has she expressed an intent to return? Also, is there a court order in place regarding the child? If no order is in place then you should talk to a family lawyer about filing a suit affecting the parent child relationship to get an order in place. Such an order is what will govern important issues regarding the child, such as who will designate where the child lives, a visitation schedule, and other rights and duties regarding the child.

If there is an order in place giving the mother the exclusive right to designate the primary residence of the child and there has been a material and substantial change in circumstances since that order was signed then you could potentially have that order modified. The question about whether there has been a material and substantial change is one that should be discussed with your attorney, but abandonment of the child may be a strong indicator that there has been a material and substantial change, depending on the specifics of course.

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.