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I’m sue the custodial parent of my son who is n jail for…

I’m sue the custodial...

I’m sue the custodial parent of my son who is n jail for something non bondable our court date is tmrw I originally petitioned to enforce visitation but. Now tht he is n jail can’t I go and file for custody?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

Yes I filed petition to enforce visitation but he has Ben n jail since feb 18 I had to get a sub service jus to serve him on his sister door because he wasn’t locataboe thru my process servicer

Lawyer's Assistant: Family law varies by state. What state are you in?

Texas Tarrant county

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I’m jus really wanting to kno my next step should I do a writ of hapeaus r file anything else because his sister will b n court tmrw on his behalf n I jus really want to have my son n b done my baby daddy has a lengthy background drug related

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Answered in 7 minutes by:
4/1/2018
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 126,844
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If he is in jail and you are fit to have the child in your custody and care for the child, then you have a right to sue to change custody and for you to obtain custody. As he is in jail, you can fight him claiming that he is not a fit parent and not able to care for the child. His sister would not really have grounds to fight you as long as you can prove you are fit to parent the child and as such the court has to grant rights to the biological parent, based on the ruling in Troxel v. Granville, 530 U.S. 57 (2000), where the US Supreme Court held that was a constitutional right of a parent.

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Customer reply replied 4 months ago
Should i file for custody tmrw? before our 8*****time? r should i file a write of habeas tmrw? then once i have him n my custody file for custody ? SO BASICALLY IM ASKING Which should i do TOMORROW while i have a chance to be infront of a judge

Thank you for your reply.

You should file for change of custody and ask the court to grant at the least an emergency temporary change of custody pending permanent change, not a habeas.

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Customer reply replied 4 months ago
Can i find these forms online

Thank you for your reply.

Here is the Texas petition to modify parent-child relationship https://texaslawhelp.org/form/petition-modify-parent-child-relationship

Law Educator, Esq.
Category: Family Law
Satisfied Customers: 126,844
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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