Legal Question in Family Law in Texas

You face a tough problem. The court has just made orders that are presumably in the children's best interest. In fact, you signed the agreed order so yo must have agreed that the order was in the child's best interest. Now you will be asking the court, less than a year after the divorce was finalized, to revisit the conservatorship/possession & access issue. It will be a tough sell.

What you're going to need to show the court is that some new facts have popped up that lead you to believe it is not longer in the child's best interest to be shuttled according to that possession schedule. The fact that child screams and says he's scared is probably not going to be enough.

If you believe in your heart that there is an immediate risk of danger to the child, then you should call CPS. If you think the child is just having "separation anxiety" (separate from you, his siblings, his stuff, his home), then you should try to work through that with him. Try to get him to articulate what he is afraid of. Your best bet would be to get him some counseling just to get a clean articulation of what his fears are. Problem is, he's quite young and not every child counselor wants to deal with kids his age.

Bottom line: Tough case to win; If there's a question of immediate danger, call CPS; get the child some counseling to find out exactly what he's afraid of and work from there.

Good luck!!