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Has anyone here been through a custody battle? What should I expect as far as a time frame with the Attorney General? I know they are a pain in the **** to deal with, but will my attorney take care of all that?

Here's my situation.

My ex-wife gave custody of my daughter (she's 9 years old) to my parents. I don't think she wanted me to find out about it either (WTF was she thinking).
This was a couple of weeks ago. My ex left a contact number, but it is disconnected, and no one knows where she is or how to get in contact with her. After a couple of weeks, you would think she would call to see how her daughter is doing. She gave her car back to the dealership she bought it from and skipped town. She told my mom something about needing to get her life together and couldn't take care of my daughter anymore. The papers that my mom have for custody are legal.

Now, once she finishes school she is coming to live with us (me, wife, and step daughter who is also 9). We are gonna talk to a lawyer next week, but I cant wait that long. I was wondering if anyone here knows how the system works.

~Did my ex-wife "abandon" my daughter?
~What legal grounds do I have to stand on?
~Lawyer fees are gonna be about $5,000. Is that too much?
~What can I use as ammo? I haven't missed a child support payment.


I am a lil nervous, but excited at the same time.

 

$5000 isn't bad. I know people who have paid much more, but their case lasted (and is still lasting!) over a year.

Pick a lawyer with plenty of experience in this area...it may be worth a bit more to have one that has been down this road plenty of times.

Not sure about TX law...this stuff varies state to state.

Good luck.

 

Why such high fees? If your parents have custody, can't they just sign some papers and the deal is done? They're not fighting you are they?

 

No, but the papers my parents have state until my ex-wife wants her back....I didnt mention that did I? Nope. I'm an idiot.

My bad. The EX has it in the custody papers she is giving my parents custody until she wants my daughter back.

 

Well in Maryland you have legal and custodial custody. A buddy of mine is going through the same thing. His Ex has just disappeared. He went to the court and filed for both physical and legal custody. He then has to pay to have her served. If she can't be found, no one knows where she is, the judge can grant custody without a legal battle.

Of Course Texas is different and a lawyer may be necessary.

 

thnx Vader.

thnx UrbanCowboy

thnx plester

 

$5000? I'd pay $100,000 to fight for my daughter. Sell the truck if you must.


Legal grounds? Not much. Courts still favor the mother. If she comes back into the picture 2 years from now she still has every right to get your daughter.

Don't talk to a lawyer next week. Talk to them NOW. This is a serious issue.

What it all boils down to is whom has the better lawyer. Heck, your wife could be a crackhead with her pimp living with her and most courts would still giver her custody.


Fight for your daughter with every last breath you have.

 

I dont think the cost is the issue, rather if he could do it for less. No need to spend $100,000 if you dont have to.

 

That's exactly what I plan to do J-150. I was just wondering the steps in the procedure. I have to wait till next week to see the lawyer, thats when we agreed to meet.

I'd pay any amount of money for my daughter as well. She's my "side-kick". It's scarey....she's ME made over.

 

one thing i would check into immediately is the child support, dont assume that just becasue she left the child with your parents that the support is over. As far as the law knows, she is still the parent that receives the payment and until it is documented to the court, and other things are arranged. she should still receive the money, common sense and the law dont always go together.

considering the paper that has to be drawn up, court and filling fees, $5k sounds about right. ( a badA$$ divorce attorney in Houston gets a $10k retainer) Texas does not like to take kids from the mom, if you could get a lawyer and knock it out quickley, it will be the best money you ever spent.

i would imagine that some kind emergency hearing has to take place to legally get temperary custody in yours or your parents name ( i would address child support at this time). if she left your child to your parents, it might be quicker and easier to just get custody awarded to them since your wife has already consented to that. ( have it trensfered to you latter)

you could roll the bones and just mail checks and wait a month or 2 before filling, this would seal the deal that she left and is not coming back. if you got someone in court that had been gone, say a month, they could say , "I took a vacation", or "i told them i would be back", but if you are gone for 3 months, you cant make that statement.

 

I can't resist this one. Can anyone photoshop Jamzwayne in drag?

 

I gotcha DAVE...thnx man.

 

if ya dont win just go jamzwayne on em in the parking lot. but good luck to gettin ur daughter back divorces are harsh... my mom and dad are the only ones in my family who hasnt had a divorce... and thats 8 brothers and sisters on just my dads side... but good luck with it man

 

I bet your lovin that, huh?

 

We are already divorced. We have been divirced for over 8 years. I have been married to my new wife for almost 5.

I have a good feeling about all this. Everything seems to be in my favor. I agree that its a S.O.B for the father to get custody, but in this case, my EX doesnt have any ground to stand on. Or am I insane?