What can we do if my husband’s ex has custody of their son but she doesn’t care for him?

UPDATED: Jan 11, 2012

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What can we do if my husband’s ex has custody of their son but she doesn’t care for him?

The child’s mother is constantly sick and on pain meds. She threw out her back 2 months ago an couldn’t answer our phone calls. Now she is saying she broke her hip and doesn’t answer our calls. She lives with her parents and her father takes care of the child majority of the time. How can we gain custody?

Asked on January 11, 2012 under Family Law, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Your husband need to hire an attorney to bring a petition for modification of the custody agreement to become the custodial parent for his son.  It sounds as if you are right: she can not care for him.  And while it is great that he has grandparents that are picking up the slack, his father is the next one in line to take care of him.  Good luck. 

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