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Custody issue

Cypress, TX |

We have no custody agreement and I took my daughter over everyday. One night I took her over he was pass out drunk. I didnt want to take my daughter back over and I work full time and fully support my daughter. He lost his job and his house cuz he came up dirty on a drug test. He has a history of drug and alcohol abuse and he has gotren bad lately. No he is threatening to take my daughter and threatening full custody. He has been violent with me for the past year and is getting worse. I had to call the cops on him to get him out of my car recently cuz he tried to hit me. They wont issue me a protective order. What do I do? I dont want my daughter around that! Im afraid he will treat her the same! Help!!

Attorney Answers 3

  1. You need to file suit and motion the court for drug testing. He will loose in Harris county with a dirty drug screen.

  2. If you are in Harris County, it is now almost impossible to get a protective order (in the past 2 years).

    So hire a tough, smart family law attorney immediately. Quit trying to negotiate with this man on your own. Turn it over to someone that knows the court system!

    I absolutely agree with the other attorney - get a drug test. Don't tell him that you are going to do this so that he can try to "beat" it. You will have to do one too so save your money & be prepared to do so. Don't eat any poppy seeds or take any allergy medication because that can alter the test! (Do internet research on this topic.)

    Look on this website & hire an attorney that you trust. Look around. Ignore the rating system since many excellent attorneys have not "claimed" their listing. Many offer a free consultation either over the phone or in person. Many offer payment plans.

    You must protect your child! Good luck!

    Fran Brochstein has over 20 years legal experience & enjoys educating the public about Texas laws. She is a full-time family law mediator in the Houston area. If you found this answer "helpful" or "best answer", please select the button to show your appreciation. Please understand that this is not a personal consultation and in no way creates an attorney-client relationship. You are strongly encouraged to consult with an attorney in your county in person about your specific legal problem. You can contact her at 713-805-9591 - 7 days a week - her personal cell phone.

  3. I am in agreement with Ms. Brochstein for the most part. If you were denied a PO by the court, then that is settled, but if you applied to the DA's office and were turned down, that is another story and I wouldn't be as discouraging about your chances to obtain one. It would just require private counsel to get it before the court.

    I would be less concerned about his threats to take you to court and more concerned about taking him to court. He does not appear to be in a good position to proceed either way. You need some orders, however, and to be counseled on your options until this is accomplished.

    24 years in Family Law and Criminal Defense. 713-627-0010 Nights/Wknds OK