Yes, your brother needs the assistance of an experienced family law practitioner. A child support order does not establish parental rights or define custody unless an appropriate petition is filed for those orders. At the same time the child support order can be corrected. This is not reasonably a DIY project, and the stakes are substantial.
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Yes, your relative needs qualified counsel. If the mother only established a support order, custody and visitation are likely not clearly established. If the minors now live with your brother, he can not simply stop paying and ignore a lawful order. It is time to formally establish custody, visitation, and to modify the prior support order based on the change in circumstances.
I agree with the other 2 attorneys that have already answered this question - he must IMMEDIATELY hire a family law attorney.
The TX A G is only out there to collect child support. The agency is not out there to help decide who has custody!
Your brother needs a private attorney immediately. This is the best website that I know of for people to find an attorney. Ignore the rating system. Many excellent attorneys have not "claimed" their listing. So look around. Many attorneys offer a free consultation either over the phone or in person. Many offer payment plans to make their services affordable. It appears he might live in Houston. There are MANY family law attorneys in the Houston area. However, be advised that he will need someone that is willing and knowledgeable to go against the TX A G office.
He if wants a referral he can call me at 713-847-6000. I know a bunch of attorneys. I only mediate these days. I assume that he is independently wealthy - so avoid board-certified attorneys since their hourly rates are highly. He probably does not want someone just out of law school. He wants someone that does at least 50% family law. That should leave at least 2,5000 lawyers for him to choose from on avvo.com!
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.