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Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 389
Experience:  General practice for 19 years.
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IAM HAVING PROBLEMS WITHMY SONS MOM. SHE HA ABANDONHI, IVE

Customer Question

IAM HAVING PROBLEMS WITHMY SONS MOM. SHE HA ABANDONHI, IVE HAD HIM FOR THE LASTTHRE MONTHS AND SHE DOESNT COME TO SEE HIM, SHE IS GETTING A SOCIAL SECURITY CHECK FOR HIM,ANDWILL NOT RELEASE IT TO ME.I NEEDTHAT BEING THAT IM RAISING HIM, IM ON SOCAIL SECURITY MY SELF. IM DISABLED AND THE CHECK I GET ISNT MUCH, BUT THE CHECK SHE IS USING FOR WHO KNOWS WHAT WILL HELPBUY THE THINGS HE NEEDS,IM WANTING TI KNOW WHAT I NEED TO DO TO GET CUSTODY NOW! SHE IS ON CPS FOR HER OTHER CHILD, AND IS NOT COMPLYING WITH THE ORDERS OF THE CPS, SHE WAS ORDERD TO TAKE PARENTING CLASESEAND ANGER MANAGMENT CLASSES AND HAS IGNORED IT. WHEN SHE HAS COM TO SEE HIM IT HAS BEEN TO FIGHT WITHME, AND DOENT SPEND QUALITY TIME WITH HIM JUST YELLS AT HIM. I NEED TO KNOW HOW TO GET COURT ORDERED CUSTODY,FOR SHE HAS NO BUSINESS HAVING MY SON WITH HER.SHE ISNT STABLEAND WAS KICKED OUT OF HEROWN FAMILIES HOME FOR DEFING THERE RULES, MY SON NEEDS A MORE STABLE ESHE HAS HAD TO BE EVALUATED FOR MENTALSTABILITY,SHE'S SUICIDA
Submitted: 4 years ago.
Category: Family Law
Expert:  Legal Eagle replied 4 years ago.
What precisely is your question for us this evening? Pete
Customer: replied 4 years ago.
WHAT CAN I DO TO GET COURT OREERED CUSTUDY OF HIM, BEFORE SHE TRYS TO GET CUSTUDY
Customer: replied 4 years ago.
I NEED TO KNOW IF I CAN GO MYSELF TO COURT SND ASK FOR TEMP CUSTUDYSO MY SON CANBE SAFE AND NOT HAVE TO BE WITH HER TILL SHE GETS THE HELP SHE NEEDS,SHE WAS ORDERED TO A EVALUATION FOR MENTAL STABILITY.SHE IS NOT COMPLING WITH CPS ORDERS FOR ANGER MANAGMENT. HELP BEFORE ITS TO LATE. GOD BLESS. FRED G
Expert:  Legal Eagle replied 4 years ago.
Who has custody now? Is there an oder for custody now? Pete
Expert:  Legal Eagle replied 4 years ago.

You will need to file a petition to modify the original order of custody in your situation, I have outlined the procedure below.

 

Grounds to Modify the Custody/Visitation Order

Any person who is affected by the order can ask the court to modify or enforce the order. Before the court can grant a modification, it must find:

1. that the modification is in the best interest of the child;

2. that the circumstances of the child, a conservator or a party affected by the order have

materially and substantially changed since the order was signed by the court.

3. that a child over 12 years of age has filed with the court a written preference for a different primary managing conservator.

4. that the primary managing conservator has voluntarily given up care and possession of the child to another person for at least 6 months.

If the change is requested within 12 months of the original order, you must also show one of the following:

1. The child's present environment may endanger the child's physical health or significantly impair the child's emotional development;

2. The person entitled to establish the child's primary residence is consenting to or bringing the motion for the best interest of the child;

3. The person entitled to establish the child's primary residence has voluntarily given care and possession to another person for at least 6 months and a change would be in the child's best interest.

 

 

What is a Material and Substantial Change?

The courts have identified several events that amount to a material and substantial change. Marriage to another person can be a material and substantial change. A change in residence, age, medical condition, employment, criminal history or the relationship between the parents making the current orders unworkable can be found by the court to be a material and substantial change.

 

The Modification Process

The process to modify a current court order affecting custody, visitation or support begins with a petition to the court asking for the modification. You will probably need the assistance of a lawyer to file a proper petition because there are several things that must be in the petition and you will need to make sure that the petition is properly served on the other party. Once the petition is filed and served, the court can enter temporary orders if properly requested. If the modification is agreed to by the other party, the process can be completed relatively quick. If the other party wants to contest the modification then the court will have to schedule the case for trial.

 

There are some specific nuances to changing custody and I would encourage you to seek the assistance of legal counsel to assist you. legal Aid can offer assistance and the state bar can also refer you to lawyers who might be willing to assist you pro bono or at a reduced rate.

 

I hope this helps. Pete

Customer: replied 4 years ago.
there isnt a court orer we were never maried. i just want custody on paper, cause i know she will try tocome get him.she is very unstable mentally.
Expert:  Legal Eagle replied 4 years ago.

I have reproduced the Texas statute that will allow you to file for an emergency order of temporary custody because the mother is unstable. The statute provides as follows:

 

§ 152.204. TEMPORARY EMERGENCY JURISDICTION. (a) A court
of this state has temporary emergency jurisdiction if the child is
present in this state and the child has been abandoned or it is
necessary in an emergency to protect the child because the child, or
a sibling or parent of the child, is subjected to or threatened with
mistreatment or abuse.
(b) If there is no previous child custody determination that
is entitled to be enforced under this chapter and a child custody
proceeding has not been commenced in a court of a state having
jurisdiction under Sections 152.201 through 152.203, a child
custody determination made under this section remains in effect
until an order is obtained from a court of a state having
jurisdiction under Sections 152.201 through 152.203. If a child
custody proceeding has not been or is not commenced in a court of a
state having jurisdiction under Sections 152.201 through 152.203, a
child custody determination made under this section becomes a final
determination, if it so provides and this state becomes the home
state of the child.
(c) If there is a previous child custody determination that
is entitled to be enforced under this chapter, or a child custody
proceeding has been commenced in a court of a state having
jurisdiction under Sections 152.201 through 152.203, any order
issued by a court of this state under this section must specify in
the order a period that the court considers adequate to allow the
person seeking an order to obtain an order from the state having
jurisdiction under Sections 152.201 through 152.203. The order
issued in this state remains in effect until an order is obtained
from the other state within the period specified or the period
expires.
(d) A court of this state which has been asked to make a
child custody determination under this section, upon being informed
that a child custody proceeding has been commenced in or a child
custody determination has been made by a court of a state having
jurisdiction under Sections 152.201 through 152.203, shall
immediately communicate with the other court. A court of this state
which is exercising jurisdiction pursuant to Sections 152.201
through 152.203, upon being informed that a child custody
proceeding has been commenced in or a child custody determination
has been made by a court of another state under a statute similar to
this section shall immediately communicate with the court of that
state to resolve the emergency, protect the safety of the parties
and the child, and determine a period for the duration of the
temporary order.

Added by Acts 1999, 76th Leg., ch. 34, § 1, eff. Sept. 1, 1999.

 

Since there is not order of custody presently, this is the best way to approach this situation currently. I suggest that you contact your local clerk of court in the county in which you live to request the appropriate forms for you to fill out and request a hearing on custody.

 

I hope this helps. Pete

Customer: replied 4 years ago.
if needing some one to represent me do you know of or can tell me where i can go to get assstance, for low income person,iam on a fixed income im on disability, and dont reciev much but will pay what i can to get help, i have heard to many bad things on legalaid and would like not to go that route. thank you for your help. GodBless fred gomez
Expert:  Legal Eagle replied 4 years ago.

You can contact the Texas state bar for a possible referral to a lawyer who will work pro bono (free) or at a reduced rate. The state bars website is located at: http://www.texasbar.com/

 

Legal Aide is a viable option. I would be reluctant to avoid Legal Aide because of rumors you may have heard. Many of the lawyers who assist legal aide are extremely qualified.

 

I hope this helps. Your acceptance of my work show your appreciation of my efforts.

 

Thanks Pete

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Legal Eagle
Legal Eagle
Family Lawyer
389 Satisfied Customers
General practice for 19 years.