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Are you familiar with custody and family law in Texas? So

Customer Question
Hello, are you familiar with...
Hello, are you familiar with custody and family law in Texas?
JA: No. I'm the Family Lawyer's Assistant.
Customer: So you can not answer questions pertaining to matters?
JA: Have you talked to a lawyer yet?
Customer: Yes, but we can't afford the services so we are trying to see what can be done on our own to protect our child.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Is there a fee for this service?
JA: You just pay a $5 deposit now and the rest only when you get a reply from the Family Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason.
Customer: Is this specific to Texas law?
Submitted: 4 months ago.Category: Family Law
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Answered in 2 minutes by:
7/25/2017
Family Lawyer: P. Simmons, Lawyer replied 4 months ago
P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 35,456
Experience: 16 yrs. of experience including family law.
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Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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Family Lawyer: P. Simmons, Lawyer replied 4 months ago

I am sorry for this dilemma. But not sure I understand your specific question. Can you tell me your question please?

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Customer reply replied 4 months ago
My husband has joint conservatorship of his 9 year old daughter with the biological mother. This was just granted to them both in April 2017. In the past few months there have been many issues with the mother regarding her drinking. It's in the orders that she is not to drink around her daughter or have her in the presence of alcohol but she has several times. Last weekend we were meeting the mother to return the daughter after an ordered visit and when we showed up she smelled strongly of alcohol. The child did not want to go with her and we said we would call the authorities to come assess the matter before allowing the child in the car with her. The mother sped off in her car abandoning the child.
The child does not want to return to her mother. She fears for her safety and is affected mentally and psychologically from this continuous trauma. We want to know what we should do because our ordered visit ends on 7/31/17 and we legally must return the child to her mother but we know it is not in her best interest.
Family Lawyer: P. Simmons, Lawyer replied 4 months ago

Thanks
I agree...that is, I agree with you. If mom is in violation of the current custody order, specifically using alcohol in front of the chid and while caring for the child? That is a danger to the child.

This IS something that the court will be concerned with.

And you are correct, unless you get the current order changed? You have to abide by it (so you have to return the child as ordered)

So you need to get the current order modified.

That is possible. But you will need to move quickly.

Consider hiring a local attorney. You need to file a "motion" with the court to modify the current order, based on this new information. There is a process you can ask for an "emergency" order, to protect the child. But this is why you will want to use a local attorney. They can file and present the motion to the court to show the judge why the child is in danger and why the current order must be modified.
What you are describing, I would fully expect the court to rule to limit mom's time with the child. ANd, since mom is in contempt (in violation of the custody order), you can request that mom be required to pay your lawyers fees

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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P. Simmons
P. Simmons
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Category: Family Law
Satisfied Customers: 35,456
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Experience: 16 yrs. of experience including family law.

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