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Roger
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Category: Criminal Law
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my daughter was visiting me (in Texas) with her son. She was

Customer Question

my daughter was visiting me (in Texas) with her son. She was residing in NM. The father came and got the son for visitation because he didn't want to wait until she returned. While her stay her in Texas, she did send him a 30 notice that she would be moving out of state. The custody papers required that. She got a temporary job here to earn some money to enable her to travel back and get her things. The father thinking she wasn't coming back refused go give the back to her. She went back to NM upon learning that and he had filed papers "exparte" for temporary custody of the son until he could take her to court for permanent custody. There was NO reason for a judge to suspect harm, danger or otherwise. How can a judge make this drastic decision without knowing the facts and going by some story the father made up. Do we have legal grounds to sue. This has caused GREAT emotional distress on her and her family.
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Roger replied 4 years ago.

Your daughter will have to file a motion to terminate the temporary custody order and seek a continuation of her custody rights.

 

If the father is willing to fight this out, your daughter really needs an attorney to help her maintain custody of her son.

Customer: replied 4 years ago.
i would like to know if this is customary for a judge to give temporary custody of a child to another without hearing facts. I know you hear all kinds of stuff but THERE WAS NO REASON. I am looking at flying there and taking out a loan on my house if this was a premature decision made by the judge. The father KNEW she was on vacation and got mad when he found out she wanted to move. No telling what he told the judge. She went back immediately and couldn't have her son. She was not even notified before it happened. The letter came in the mail after she had already left. HE JUMPED THE GUN and so did the judge
Expert:  Roger replied 4 years ago.

Yes, courts do this often - he likely filed an emergency motion for temporary custody without notice. These matters are usually only granted if the moving party proves to the judge that the child is in danger if it is not granted. Who knows what he told the judge in order to get the custody order signed.

 

Her relief is to file a motion to cancel the order as I stated above. She can inform the judge that nothing was done wrong and that the father misrepresented the situation to the judge.

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