In Texas, as in Illinois, he has to have proof. I am sure your sister’s ex thinks he can toddle into court, demand the judge give him custody, and force your sister to fork over the kid. It simply isn’t so. This isn’t an established marriage, where he has been in the house for years. This is a guy who is going to need a paternity test, for one thing.
By the way, here is the Family Code portion of the Texas Civil Statutes:
http://tlo2.tlc.state.tx.us/statutes/fa.toc.htm
Might I point out to you Chapter 106, Sections .0001 and .0002? If he has her served, she gets to make a response. She can sue him for reasonable attorney’s fees and court costs, esp. if she can’t afford to pay a good attorney. Chapter 153.0002 points to “best interest of the child”. Something tells me this man is not that best interest. Texas also has interesting law, in that it is age-specific to the child. What’s good for fifteen year olds is not good for three year olds in Texas.
I’d wait to get served, to see if he really followed through, or is only making threats. While I waited, I’d take my time, scouting out all the family law attorneys in the area, showing up for one appointment and interviewing them, so that Mr. Ex can’t use the good ones if he gets the gumption to file.
If Mr. Ex did bother to actually file papers, I’d choose the best attorney of the ones I interviewed and let him collect his money from Mr. Ex. A good attorney will know how to do this. I’d also have the attorney ask for child support (Chapter 154), a blood test for DNA (Chapter 160.001)and a psych profile with a visitation schedule in preparation for supervised visitation (Chapter 153). This will involve Mr. Ex reporting to a psychologist, who will make a determination as to how long Mr. Ex must have supervised visitation. This cost will be paid by Mr. Ex, along with the visitation supervisor. And let us not forget the child’s guardian ad litem (Chapter 107.002), which will also be paid by Mr. Ex. And the little matter of Mr. Ex’s drug abuse can be brought up via Chapter 153.004, in which the parent must stay away from drugs or alcohol 12 hours prior to any visitation. This will involve a urine or other test- which will be Mr. Ex’s responsibility. Your sister can ask to be appointed sole managing conservator, per Chapter 153.371. And then Mr. Ex can be forced to pay a surety bond (like bail) in order to ensure that the boy is returned. In your sister’s answer to Mr. Ex’s petition and countersuit, the attorney will of course ask for all these fees.
SO- That would be what I’d look for in an attorney. And as you see, old Mr. Ex might be annoying, but he’s not such a big threat, after all, with the right attorney.
