Legal Question in Family Law in Texas
Hello i have been in a bitter custody battle for about two years and to skip all the drama basically we just had an emergency hearing because at our last hearing my sons mother tested positive for marijuana in her hair and we had our son tested and he tested positive also in her care. At this emergency hearing i was awarded temporary sole custody of our son and she has a standard possession order for now. She lives in Florida and i live in Texas but it is possible she might move back to Texas in light of our new situation, but she might not. We have the trial in November, and after we went over basically everything in this case, with multiple witnesses and the whole nine for about eight hours im just wondering what can happen at the trial? Also my question is if i was awarded sole custody for the modified temporary orders is it possible that we will go to trial and they just give my son back to his mother and take him away from me after only 4 months? I don't want my son being moved back and forth , and if so what are the factors that could make them take him away from me after this crazy hearing we had and what could happen to make her situation change? I am just really confused about how to proceed and try to make things normal and stable for my son if they could just flip flop this again. I have many questions if there is any way anybody could offer any reassurance or answers i would greatly appreciate it, up until now the mother had custody and i have worked very hard to get to this point and I know these are temporary orders and i just want to know if im getting my hopes up with having my son here with me just for them to turn this around in 4 months. When someone does what she has done and they give the other parent sole custody in the temporary orders can they just reverse this? thank you for any information you can offer me. Please help!
1 Answer from Attorneys
Yes, the court can reverse it if the judge thinks that's in the child's best interest. However, it's very unlikely following a contested temporary orders hearing.
She would need to prove that switching is in the child's best interest by showing that her situation has improved substantially (in 4 months? That's not a track record, that's a blip on the radar screen) and that yours have gotten dangerously worse.
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