Legal Question in Family Law in Texas

please help

my ex has sole conservatorship over my daughter and she has been in and out of the state hospital several times and is neglectful to me daughter,i want to get temporary custody of her till her 13th birthday in feburary what can i do?


Asked on 12/28/08, 10:50 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: please help

I don't understand why you want temporary custody until she is 13.

In Texas a child can designate who they would like to live with after the age of 12 BUT IT IS NOT BINDING ON THE JUDGE!

In order to change custody, you need to file a document with the court of continuing jursidiction (the one that gave the ex custody) asking the court to modify their last order.

You will need to have the papers "served" on your ex.

You will need to set the case for a hearing before the judge in order to get "heard".

You will need to hire an attorney to do all of this since this is complicated. If you don't do it exactly right, the court could dismiss your case and you would have to start over again.

I hope this is helpful.

If funds are low, look on the State Bar of Texas website or my website for a list of pro bono groups throughout the State of Texas. The problem with the free groups is that they are swamped with requests and most don't have the volunteers or staff to handle the demand.

Happy New Year!

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Answered on 12/28/08, 3:48 pm


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