Legal Question in Family Law in Texas
Transfer of Managing Conservator
I was just wondering what it is I would have to do to get a transfer of managing conservator. I have a son, and his mother has sole managing conservator rights. Two weeks ago she dropped him off for my weekend visit and didn't come back to get him. This is not the first time she has done this, and I would like to be sole managing conservator. So, my question is; How can I become sole managing conservator? I have heard there is a form to fill out to start the process, if so can you also tell me how to acquire this. Thank you for you time.
2 Answers from Attorneys
Re: Transfer of Managing Conservator
Well - anyone can go to a law library and with enough reading can learn to file a Motion to Modify the Parent child Relationship. Be sure to read all of the Texas Family Code before filing. Also be sure to read up on service under the rules of procedure. Maybe it would be easier to go to law school - or to a lawyer. Good luck.
Re: Transfer of Managing Conservatorship
You heard wrong. Family law matters are not so simple as to be initiated or decided with the use of fill-in-the-blank forms. Changing custody requires the filing of a lawsuit in Texas and proof of "substantial" change in circumstances since the first custody decision. However, I would feel good about prosecution of a case for a mom that was so irresponsible as you described. You should keep a log of these events when they happen to better prove them up in court later--no judge is going to be impressed with that kind of conduct. It might be enough to argue circumstances have changed. Good luck with it.
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