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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 11743
Experience:  19+ Years of Legal Practice in Family law matters.
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I NEED THE STEPS IN DOING A MODIFICATION IN TEXAS FOR CUSTODY

Customer Question

I NEED THE STEPS IN DOING A MODIFICATION IN TEXAS FOR CUSTODY OF A 17 Y/O CHILD WHO NOW WANTS TO LIVE WITH HIS FATHER. NEED TO KNOW WHERE T FIND SPECIFIC FORMS. MOTHER HAS PRIMARY CUSTODY, LIVE IN TEXAS AREA, AND DECREE GRANTED IN DIFFERENT COUNTY THEN WHERE THE CHILD NOW LIVE FOR MORE THAN 6 MONTHS. IN YOUR OPINION CAN I DO THIS OWN MY WITHOUT A LEGAL REPESENATIVE AND IF SO HOW SUCCESSFUL DO YOU THINK WE WILL BE. CHILD WANTS TO EXPRESS HIS WISH TO THE COURT
Submitted: 5 years ago.
Category: Family Law
Expert:  AlexiaEsq. replied 5 years ago.

Dear JM,

 

Thank you for your question and I look forward to working on your answer. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if I ask a redundant question.

 

That being said, in order to better assist you, could you please clarify for me:

 

1. Is the mom in agreement, since her 17 year old wants this?

 

I look forward to getting to work on this for you. Hang in there!

 

Sincerely,

 

US Attorney

 

Please note: I do not provide legal advice, only legal information; I do notlegally represent any JA members, visitors or customers. We do not and will not enjoy an attorney/client relationship. Further communication with me here is an acceptance of this and any information provided by me is with the understanding that you comprehend this and agree.

A times there can be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. In addition, if it is late at night, EST, and we are between postings, I may go get some shut eye, but I'll be back the next day, so never fear. On Saturday, there will be greater gaps in time due to scheduling, for any needed follow up, but rest assured, by day's end it will be done.

Customer: replied 5 years ago.

NO,NO,NO

 

HAVE TO SIGN OFF,RESPOND TO MY EMAIL ADDRESS , HOPE I CAN GET BACK WITH YOU LATER, IF SO HOW?

Expert:  AlexiaEsq. replied 5 years ago.

Hi JM,

 

We are not permitted to interact outside of his forum, as per the Terms of Service agreed to.

 

In Texas, if 12 years of age or older, a child can sign an affidavit stating whom the child would prefer to live with. If requested by a party, the Court will interview a child 10 years of age or older. Neither the affidavit nor the information from the interview is binding on the court. It is some evidence, just like all the other evidence. However, the court realizes the problems in ordering a sixteen or seventeen year old child to stay with a parent with whom he does not want to reside.

 

I think your chances are excellent, unless you are unfit, engage in criminal activity, the obvious things. You can get pro se Motion papers for self representation at the courthosue where the child/mother lives, which is where you will likely want to file this Motion to Modify Custody. You do not need an attorney, but you must be diligent and fill in all paper work and follow the local court rules on that. You will explain your reasons in that paperwork, and I would draft of a statement/affidavit for your child to sign in front of a notary, confirming both his desire to live with you and his willingness to speak to the judge on that.

 

There are no set forms for what you put in these Motion papers, but since you know what you want, it shouldn't be too hard.

 

 

Hope this helps to clarify.


 

I believe I have answered your question and I hope you a better understanding of your legal issue as a result. As you know, I am only the messenger, not your attorney, nor can I create favorable law if it doesn't exist, so please don't hold it against me if the legal result is not what you wish. If your question was in fact answered appropriately please click the GREEN "ACCEPT" button NOW, in order that it be recognized as such and I receive credit for my work from the company. Doing so ensures I will be willing to assist your with your future legal question. In addition, Positive "FEEDBACK" and BONUSES are also appreciated. If you need additional related follow up on this particular question afterward clicking ACCEPT, don't hesitate to click "Reply" and I will be happy to help you. And if you would like my assistance in the future, just put my name, STEPHANIE JOY, in your title or first sentence of a new post. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break, or if it is late at night, I may have to go get some shut eye til morning, but rest assured, I'll be back for you. Thanks

 

Sincerely,

 

 

USAttorney

 

 

Customer: replied 5 years ago.

Do I understand you, although the decree was granted in one county I need to get necessary motion papers from the county inwhich his ex- wife now lives( over 6 months). I do not have to get original court to transfer to that county?

 

Is there anyway way can get around having child returned to the home. Mother will retaliate against him and son will most likely not be open if he has to return.

 

I think that I can do this, is it possible as I began this processand have any questions or concerns about what I am doing, can I get back with you. I do understand your disclamer and asking for guidence only.

 

Are their legal advisors in th texas area I could post my questions to that are board certified ?

Expert:  AlexiaEsq. replied 5 years ago.

I wouldn't get too concerned about venue, it may be that the county court that rendered the original order has continuing jurisdiction; (remember, residence requirements give TX jurisdiction, not the country); or, you can file in the country where mom and child reside. If mom has a problem with either one, she will have to make a motion to have it transferred to a different county, and if appropriate,the court will transfer. Not a big deal, and certainly not a deal breaker.

 

You do need your Court order, because you are supposed to use it in your papers to show what was Ordered, and then to explain what change you want to make. If you lost it, go to the rendering court and ask for another copy.

 

You can not legally withhold you son, or you can be in danger of being held in contempt. However, you can as for an Emergenct Hearing for Temporary Custody, basically making the same argument as a regular Motion for what you want, but you want it to happen asap, at least temporarily, until full notice and regular hearing can be had. Temp can happen in days, not weeks. I would travel personally down to that family court and ask about Emergent custody modification forms (for pro se individuals), also see if they have the child's affidavit form. If they don't, the affidavit is just a statement by the son, signed under penalty of law, and notarized.

 

You can definitely come back any time. We don't have "Board Certifications" in the legal field, unfortunately, but I do know of a Texas attorney here, although I am not sure he practice Family law, but I can find out for you.

 

 

Hope this helps to clarify.


 

I believe I have answered your question and I hope you a better understanding of your legal issue as a result. As you know, I am only the messenger, not your attorney, nor can I create favorable law if it doesn't exist, so please don't hold it against me if the legal result is not what you wish. If your question was in fact answered appropriately please click the GREEN "ACCEPT" button NOW, in order that it be recognized as such and I receive credit for my work from the company. Doing so ensures I will be willing to assist your with your future legal question. In addition, Positive "FEEDBACK" and BONUSES are also appreciated. If you need additional related follow up on this particular question afterward clicking ACCEPT, don't hesitate to click "Reply" and I will be happy to help you. And if you would like my assistance in the future, just put my name, STEPHANIE JOY, in your title or first sentence of a new post. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break, or if it is late at night, I may have to go get some shut eye til morning, but rest assured, I'll be back for you. Thanks

Sincerely,

 

USAttorney

 

 

 

 

 

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