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My kids live with their dad & step mom but want to come live with me now, i am their mom

San Antonio, TX |

i have always had custody of my 4 kids and in 07/2012 my kids wanted to go live with their dad and his new wife. And during my last visit with 3 of my kids they expressed to me that they wanted to come back home and live with me but dad doesn't want them to, I currently have supervised visitations. Ages of my kids 15, 14, 12, 9 and the 15,12,9 are the ones that want to come back home with me.

Attorney Answers 3


  1. The first thing you need to address is why are your visitations supervised? If the judge feels supervison is necessary, you won't get the kids back. That is a major obstacle.

    I suggest you find an experienced family law attorney to consult about your situation. What is going on at their father's house that they want to come back?

    I am not intending this to be legal advice, because I don't know the particulars of your situation. Call me if you would like to discuss this or other isues.


  2. Have you resolved the issues which caused you to have supervised visitiation? If so, then your three oldest children can speak to the judge about their preference. You may also file a motion to request a social study be done. During a social study, the counselor will speak to all the parties, the children and visit your homes and make a recommendation for custoday and visitation. If it weighs in your favor, then you have a good shot at getting custody back. But these supervised visits are troublesome.


  3. With the last order modifying the children's residence being less than a year and you having supervised visits, this could be more difficult than the older children simply stating to the judge their preference of where they would like to live. The issue of why you have supervised visits and what you have done during this short time to address those issues will be very important. The court most likely would want a social study/custody evaluation to be completed in order to have a better understanding of what would be in the best interest of the children. Additionally, the court generally does not like to split up siblings.
    Due to the issues involved, this will likely be a very expensive matter.

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