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outl0strokewidth0 strokec2 My brother and his wife have separated. They have 2 small sons. She is strung out on meth and living with the dealer. My father and I watch the children during the day while my brother is working. My brother has given her permission to visit the children this evening. He will be at work. My brother has legal custody of the oldest boy. My question is can she legally take the youngest, if she decides she wants to? If so, how can we prevent this while financially strapped?
Answer
It sounds like there is no legal paperwork on the youngest child. You can call the police but they may or may not do anything.
The father of the children needs to file for divorce and ask for custody of both kids along with getting temporary orders.
Look on this website and on www.avvo.com for help.
He can look on the State Bar of Texas website for pro bono (free) legal help if he has no money. Be advised that these groups are overwhelmed with requests for help and don't accept every case.
You might find an attorney that takes payment plans - there are many that do.
Good luck!
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