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  1. #1

    Default Emergency Order of Custody

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

    My ex-husband and I currently have joint custody of our son, with the ex-husband being the custodial parent. This past weekend our son and his dad got into a verbal disagreement which led to my ex pushing our son in to a piece of furniture causing scratches on his back. My son (who is 17) then defended himself and hit his father. This was followed by the ex punching my son in the eye, putting his hands around my son's throat, and putting him in a head lock. The fight ended with my son leaving the house with his cousin who witnessed the entire incident. The ex then went to the ED due needing 11 stitches above his eye. My son did not require emergency care, therefore he did not get any. My son came to my residence and we contacted the local police department. When talking with dispatch, I learned that my ex had already filed charges of Assault with bodily injury/Family. I requested for the officer to come to my residence to speak with my son so he could give his statement. At this time no one has been arrested, but the case is under review. If it is seen that my son is at fault then he will face the charges, but that is not my question.

    My question is, I have been passed from office to office with no answer on how I file an emergency order for custody of my son. At this time his dad could tell him to come home and I would have to make him. Although his dad has stated to a mutual friend that our son is not welcome at his house, I want to cover all my basis. PLEASE HELP!

  2. #2

    Default Re: Emergency Order of Custody

    You'll need to file an emergency custody petition in family court. Contact your local domestic violence program and inquire if they have assistance available to get your petition written and filed with the court. You can find your local programs at:

    http://aardvarc.org/dv/states/txdv.shtml

  3. #3

    Default Re: Emergency Order of Custody

    Thank you for the resource, I continue to hit dead ends over here.

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