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LADY LAWYER, Family Law Attorney
Category: Family Law
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Experience:  Family Law Attorney
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I have a question on a recent divorce with 3 minor children,

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I have a question on a recent divorce with 3 minor children, 11, 13,15. That was Nov. 30. Two eldest were kicked out of the fathers home 16 days later. They had a final order, father has "exclusive right to designate the primary residence of the children without regard to geographical location". Two weeks ago the third child was taken to mother and dropped off as well. Now the father says he is coming to get all three March 5. They don't want to go. The father lost his managerial position at work for being on prescription drugs, not prescribed to him. The 11 year old told his mom, dad over dosed on pills on the floor and he was foaming from the mouth and his dad's new girlfriend told the 11 year old to get the F*** out and the 11 year old refused. He watched the whole thing. Within days he was sent to his mom. The 11 year old said his dad bought 80 pills for $400.00 that were delivered to the house. The new girlfriend has lost custody of 4 of her 5 children and he was living with them and he was kicked out as well. Sorry for the long story. Texas Legal Aid has told her she had to wait for 6 months to petition the court for a change. Several attorneys want no less than $3,000.00 to take the case. She doesn't even have $30.00. My question is, in the state of Texas what paperwork does the mom have to file in the state of Texas to get the boys in front of the judge and have the orders changed and can she do it without an attorney?


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An emergency motion to modify of custody and an order to show cause should be filed at this time. The emergency motion has no time limit attached to it as far as having to wait a year or anything else. The mother should check with her local court house to see if they have a self-help center. If they do, there will be lawyers there that can help her prepare these documents for a very reduced amount. Please just let me know if you have any more questions. :) If not, please don't forget to click on the green accept button in the answer box so that I can receive credit for helping you. It is the only way I can receive compensation for my time and it will charge you nothing further to press accept. Thanks so much.




Customer: replied 6 years ago.
Are thoes the proper form names she should ask for? If no attorney at the court can she still fill them out without an attorney and submit them? Texas-Tarrent County
Yes, those are the proper documents to file. If there isn't a self-help center, she should see if the clerk has the forms. If the clerk does not have the forms, she can either prepare them herself or try to get an attorney. I know you said the funds were limited and I can certainly understand that.
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Customer: replied 6 years ago.
Thank you. This is certainly more information than she has been able to get so far. I subscribed so I may be back. Thanks for your help.
Sure. Happy to help and I hope she gets custody because she needs it under these facts. My best to you!