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legaleagle, Lawyer
Category: Family Law
Satisfied Customers: 13441
Experience:  Practicing attorney for 10 years
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My daughter just told me her mom hit her so hard it left a

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My daughter just told me her mom hit her so hard it left a bruise on her leg. I am seriously considering calling C.P.S. but am afraid that if I do they will be put in foster care until a home study is done. I live in TX and this is not the outcome I am looking for! I would like them to be placed with me until the study could be done. Is that a possibility?

Thank you for contacting with your question. I will provide legal information related to your question.


Do you have joint custody or visitation rights currently?

Customer: replied 6 years ago.
I am a non-custodial parent and live approx. 145 miles from where they live so I pick them up once a month for the weekend and I get them for the holidays depending on what year it is as my child support review paper work entails. The paperwork says I am a joint managing conservator.
Then you could take them home with you, file a police report and get a petition for modification filed immediately to give you emergency temporary custody to allow for an investigation of the allegations your daughter has made. By bringing in CPS you should be the first to get custody but there is no guarantee and I would not call them immediately. Try for temp custody first and file the police report.
Customer: replied 6 years ago.

Where would I file the petition, with the attorney general? I currently live in A 1 bedroom APT. and am in the process of buying a house. Would this reflect negatively because I don't have adequate space for them?

You file in the family court that issued your current custody order, or in the county where the children have resided for the last 6 months if that is different. Living in a 1 bedroom will not prevent your getting temp custody during this investigation. You can let the children have the bedroom and you sleep in the living room.
Customer: replied 6 years ago.
Once the petition is filed, how quickly would I get custody of the kids? Would we have to wait to have an emergency placement hearing before a judge? Thanks for answering all of our questions!!
When you file your petition you should get an emergency temporary order that day. Yes you would have to wait but usually it is a matter of hours, not days. If possible it would help to have your daughter evaluated by a doctor to get evidence of the bruise, asap.
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