Legal Question in Family Law in Texas

I would urge you to hire an attorney.

That said, the forms are in law libraries. Look for the TX Family Practice Manual. It contains most of the master forms that attorneys use in family law cases. You need to take the master forms and fill in the blanks and eliminate unnecessary paragraphs.

You need to file a Motion to Modify Custody. Mom either needs to be served or file a document called a Waiver of Service. If it's agreed, a Final Order is prepared for the judge to sign. If not agreed, you must file the document to have the judge meet and talk with the child. The child's wishes are not binding on the judge. If not agreed, the burden is on you as to why the custody should be changed. If Mom won't agree, I recommend that you attend mediation. If mediation is not successful, the court will have a trial. If you represent yourself, you must be able to offer evidence and examine and cross-examine witnesses. You are held to the same standard as a licensed attorney in the State of Texas. When the judge went on the bench, the judge agreed to no longer practice law so the judge cannot "help" you with your case.

This is a very quick summary of how a modification for custody works. If Mom hires an attorney, there could be discovery and depositions or an attorney to represent the child might be ordered. All of these things are very complex and cannot be addressed on this site.

Look on this website and on www.avvo.com for an attorney to help you.

Good luck.

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