Legal Question in Family Law in Texas
Modification of custody in texas
My ex husband who has physical custody of my 3 children is in jail for the 4th time in 5 months. He will be returning to another county jail after his current release for violation of probation. His current wife is still in the home,but is planning on leaving. There is also an ongoing investigation of child abuse by CPS in their home. Do I have the legal right to remove my biological children from their home while he's incarcerated knowing that she is going to leave him? I am limited on the finances for a retainer but I'm also fighting mad that this keeps happening again and again and he refuses to reverse the custody. Please help.
3 Answers from Attorneys
Re: Modification of custody in texas
Most attorneys will work with you on payments.
Look in the greensheet or check with your friends.
You need to modify.
You need to start with a cert. copy of the last court order.
Good luck!
DO IT NOW!!!
WWW.FAMILYLAW4U.COM
FRAN BROCHSTEIN
Re: Modification of custody in texas
As always, any information given on this site is general in nature only. No attorney can give specific advice without all the applicable facts. Accordingly, the following is provided as general information only.
A person involved in such a custody situation is best served by not taking things into their own hands and just taking the children. There may be a provision of the divorce decree or any subsequent modifications to it that would tell you what should happen in this current instance. You need an attorney to look that over for you.
What would generally occur is the filing of a motion to modify the previous orders, with an immediate hearing on temporary orders that would allow you, depending on the facts, to take the children until the final trial on your motion to modify.
If you would like to schedule a consult to discuss your specific case and your specific options, please feel free to give us a call.
Good luck with your children.
Re: Modification of custody in texas
Mr. Morrison is correct with his response. You need an attorney to review the original decree. Then you will be given a more accruate picture of where you stand and how to best protect your and your children's interests. If you would like a local law firm to assist you with this or any other legal matter, please contact my legal assistant Jennifer ([email protected]).
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