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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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I have a very unique case question to ask. I am a teacher currently

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I have a very unique case question to ask. I am a teacher currently working overseas. I was the custodial parent of XXXXX XXXXX for the past 15 years. When I applied for the job to teach overseas, Eric's dad agreed that he could stay with him. One year into my contract, Eric's dad said that he needed to be the custodial parent because he had issues when registering Eric in school.

Long story short, now that William has is the custodial parent of Eric, my son has undergone emotional and verbal abuse from his father. I want to know is there any way that I can take him back to court to reverse the custody order. Eric is suffering terribly. I have numerous emails and text messages where he describes situations that evidence being in an unhealthy emotional environment. Had I known his father would treat him this way, I would have never taken this job overseas. Please advise. What are my rights in this situation. Also, he will not sign the paperwork for Eric to receive a passport to come and visit me, even though the court said I have visitation rights on the NEW court order.
Hi

You will need to file a Modification of the Child Custody Order. You have to do this in the court where the Order has already been issued.

You can get the clerk of the court to send you the form - and then fill it out, serve the Father and then a hearing you will need to appear and show cause as to why the child should be in your custody.

Because you are out of the country you may consider having a local Texas attorney do it for you.

Please note that if you need more information, you can use the Reply to Expert to Continue the Conversation. Otherwise, I would appreciate positive ratings so that I get credit for my time and information. This will NOT close your question. It will remain active for future follow ups.

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Thank you
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Customer: replied 4 years ago.
What about making him cooperate with obtaining a passport for my son. He won't sign the paperwork, and to get one they require both parents signature.
Hi

Then that is a Contempt action - and you will need to bring that in the same court that issued the Order. You can also get the documents to file for the Contempt of Court from the clerk.

Of course, if you get a modification, then you don't need to do that and that is why I have not addressed it.

Please note that if you need more information, you can use the Reply to Expert to Continue the Conversation. Otherwise, I would appreciate positive ratings so that I get credit for my time and information. This will NOT close your question. It will remain active for future follow ups.

If you cannot see where to Rate me, please let me know so I can report it to the administrators of the site.

Thank you