Procedures for Getting Emergency Custody in Texas?

[crysann]

My question involves a child custody case from the State of: Texas

The subject line says it all... What are the general guidlines for the NCP to get Emergency Custody from the CP in the state of Texas? I researched it on the web and couldn't find the answer can anyone help please?

[LawResearcherMissy]

You visit the County Clerk of Courts to request the appropriate forms and find out what the filing fee is.

[crysann]

So does that mean without just cause a NCP can get Emergency custody of the children? All my ex has to do is go get a form and pay a fee to get the kids?

[LawResearcherMissy]

Absolutely not.

You only asked what the procedure is, not what constitutes just cause.

He has to have a documented and just cause - for instance, when he came to get the kids for visitation,you were crashed out in a pool of your own vomit with a heroin kit nearby, or CPS has the kids and you've been deemed unfit.

He can't just stomp in and grab custody because he's got his britches in a bunch because you fed the kids spaghettios or whatever stupid reason he's threatening you with.

[crysann]

Thank you, Sorry I thought I was a little clearer. He's been threatening for a while and as of current he has the kids for his Summer visitation and he started again. I'm a very fit mom, i was just wondering if it was one of those things where he could get Emergency Custody THEN the courts looked into the matter. So basically he has to have JUST cause before he can obtain it. OK good i can sleep at night again. Thank you again