If my child’s father is not taking care of our son, how can as his mother get full custody?

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If my child’s father is not taking care of our son, how can as his mother get full custody?

Asked on December 16, 2012 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If there are currently custody orders in place, then the mother would need to file a motion to modify the custody paperwork on the basis that the father is not providing adequate care for the child.

If there are no current orders in place, then mom could get the children, begin taking care of them, and then file for custody of the child.  In Texas, this type of custody suit is called a "Suit Affecting Parent-Child Relationship."  If the mother and father are married, the custody suit can be combined with the divorce-- which means only one filing fee, instead of two. 

Whether mom is modifying current orders or getting a set of custody orders in place, she is not required to have an attorney, but a family law attorney can make the process much easier. 

Another option for help and relief would be through CPS.  If the father is not taking care of your son and you believe your son is in danger, then you could call CPS and they may place the child with mom. 


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