Donna's Question: My ex was awarded temporary custody of my son, but his house is about to go into foreclosure and he has no family he can live with. Can I get a modification to get temporary custody with me? I maintain my own residence and live alone.

Brette's Answer: Yes, if he has no stable living situation.

※ If my ex has temporary custody and passes away, who gets the kids?
Ellen's Question: If my ex was granted temporary custody of our children and he passes away (dies) who would get custody of the children?

Brette's Answer: It would be up to the court, but likely you unless there is a compelling reason why you shouldn't.

※ Is it illegal if he violates our separation agreement about custody?
Elizabeth's Question: My husband and I agreed that he would have physical custody of our 2 children until the beginning of next month. Now he says that he is filing for custody and that the children cannot leave the state until it is sorted out. If he signed a contract in our separation agreement stating he would give up physical custody of the kids on that date, is it illegal for him to keep my kids from me?

Brette's Answer: If the separation agreement was turned into a court order dictating custody and it specifically says custody is to change on that date, the order is valid - unless a temporary order has been issued by the court he has just filed with.
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Can I Get A Legal Separation In Texas? 07-17
Informal Separations 07-17
Separating Financial Affairs While Still Married 07-16
Preparing For A Divorce & Get all Your paperwork Together 07-16
Understand Your Financial Situation 07-16
Become Financially Solvent 07-15
Make Sure You Can Provide For Yourself 07-08
Seek Legal Advice & Make Sure That Taxes Are Up To Date 07-04
Consider Insurance Coverage 07-02
Pendente Lite Relief or Temporary Support 07-01
Isn't he required to provide for us until the divorce is over? 06-29
Topic: Making Ends Meet until the Divorce is Finalized 06-26
Topic: Filing for temporary support without a lawyer 06-22
Can I file for emergency support if there's a DV order in place? 06-21
Topic: Can I stop him from transferring property? 06-20
Topic: Joint Accounts Pending Divorce 06-19
What if he didn't pay the mortgage payments like he was ordered to? 06-18
Temporary Child Custody 06-17
Preventing Parental Kidnapping 06-17
What if he kicked me out and wouldn't let me take my son? 06-16
How do I file for custody if I haven't filed for a divorce yet? 06-15
Who is usually granted temporary custody? 06-14
Can I get temporary custody without him knowing about it? 06-09
What is the process to get temporary child custody? 06-13
Can temporary custody be changed if he becomes homeless? 06-12
Do temporary custody orders and parenting plans expire? 06-12
What if he lied to get temporary custody? 06-10
Topic: Interference with Custody and Visitation 06-10
How can he claim that he has temporary child custody? 06-09
When does he have to return her after I get temporary custody? 06-09