Eagle Pass, TX asked in Family Law, Child Custody and Domestic Violence for Texas

Q: Can I remove my kids from their mom's custody if think the household is a toxic environment? Or do I need to go to court

My kids live with their mom and her parents. On Saturday the kids called me saying that their mom was arguing with her parents. I showed up to pick them up and called the police because she got physical with her parents and she got arrested. Only spend 1 day in custody. Can I just keep the kids with me if I think they live in a toxic environment or do I have allow her to take them if she comes to pick them up? I know I have to go to court to make things legal, but can I keep them until decision made by the court, or do they have to stay with her until decision made by the court.

1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Divorce Lawyer
  • Frisco, TX
  • Licensed in Texas

A: As long as there is not already a custody order in place and you are the legal father of the children, you can retain possession of the children until a court tells you otherwise. That being said, you'd be wise to retain an experienced and competent attorney practicing in the area of family law to file for a court order. Otherwise, the mother may file for an emergency temporary order giving her possession of the children before you can even be heard by the court.

If there is already a custody order in place, you must follow the existing court order governing possession of the children until a court tells you otherwise. In circumstances like you describe where the mother was arrested, an experienced and competent attorney practicing in the area of family law should be able to obtain a temporary order pretty quickly allowing you to retain possession of the children even before a final determination is made.

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