Legal Question in Family Law in Texas
reversal of primary custody when abuse is suspected
I would like to take my ex-husband back to court to gain primary custody of our daughter. I suspect abuse and CPS is currently investigating. He lives in Texas and I live in California. We were divorced in Texas. Where do I have to file? And are there any resources available to people who have very little money, but NEED to go to court? (this is how she ended up with him in the first place...) I would appreciate any help you can give me.
1 Answer from Attorneys
Custody without any money
Texas Fathers for Equal Rights has information which you should find of use. This is a group of people, somewhat radicalized, who often find themselves in the situation you face. There are a few questions, first, has there been such a change of circumstances since the last court order to require a change. If CPS takes the child(ren), then you may indeed end up with them. If he voluntarily gives you the kid(s) during the investigation, then you REALLY need to have that formalized by court order. If a grandparent takes the child(ren), realize that parents generally "trump" grandparents. The second issue is money. Without money, you will have extremely limited options. All lawyers who have trial practices have handled some matters for individuals at different rates (on purpose or by accident), but if you hire someone who can not even negotiate on their own behalf, to protect themselves, then you really better think about who you hired to negotiate and protect you. West Texas Legal Services in Ft. Worth may be able to refer you to someone if there is absolutely no money. In that case, your best bet is to hope that CPS takes the child(ren) and gives them to you, though were it me, I would hope the allegations were unfounded.