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AttyCBradford, Lawyer
Category: Family Law
Satisfied Customers: 643
Experience:  Criminal Defense and Family Law Attorney serving California Statewide
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hi, i am looking for the forms to file for temporary child

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hi, i am looking for the forms to file for temporary child custody in texas. Thank you.I need to know the name or number of the forms that are needed to file for temproray child custody. I have not yet filed for divorce but i am separated and have filed for child support

AttyCBradford :

Hello!! Above is the link to all the forms needed in texas for divorce as well as child custody. You will need to open up a divorce or legal separation case to file for custody

AttyCBradford :

The forms do not need to be notarized, and they will be effective once they are filed with the court. Yes you need to use both forms because the ORDER is what you will get back from the court clerk stating that the case has been dismissed. You can submit the forms prior to the hearing. On the form in the bold area where the caption is add in the language WITH PREJUDICE and WITHOUT COST... then in the body of the form just type in the following: "Parties understand and agree that this lawsuit is being dismissed with prejudice and without the payment of any costs incurred."


what if i want to file for temporary child custody? i am not eligible to file for divorce in texas yet because i have not been here for six months and that is why i need to file for temporary child custody. i have my children with me and i do not want their dad to file for temporary child custody before me because then i will have to be driving back and forth between texas and louisiana.what forms to file for temporay child custody without filing for divorce?

AttyCBradford :

Generally, you would file for custody in the “home state” of the child. The "home state" is the state where your child has lived with a parent or a person acting as a parent for at least the past six months. If your child is less than six months old, then your child's home state is the state where s/he has lived since birth. Leaving the state for a short period of time does not change your child's home state.*

If you and your child recently moved to a new state, generally you cannot file for custody in that new state until you have lived there for at least six months. Until then, you or the other parent can start a custody action in the state you just left (where your child most recently lived for at least six months) if one of the child’s parents continues to live in that state.**

*Tex. Fam. Code § 152.102
** Tex. Fam. Code §152.201

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