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  1. #1
    Join Date
    Nov 2013
    Posts
    4

    Default Seeking Emergency Change of Custody After a Protective Services Removal

    My question involves guardianship in the State of: Texas.

    My questuon: Hello my husband is trying to file an emergency temp. Order for custody. He has joint custody but the ncp and recently his ex is involved in her second cps case. His son was given first to her mother by vps then removed and given to her sister and now given to a sister in law. She told cps my husband was deployed and we dont live in texas so they never gave hime the temp order. We filed a custody hearing to change him to custodial but have to try and track his ex down and wait forever. We want to file a temp order and as of know the sister in law has no way to contact his ex or get an address to have her served. She did test positive on her drug test and we found out she was evicted from the one address we have. She hasnt called to check on him in 3 weeks. We are planning to go friday to file the temp order but want to know if this sounds lile enough for us to get temp custody as well as if it usually is same day sonce it is a 1000 plus miles away from our home. Thank you in advance!

  2. #2

    Default Re: Filing for Emergency Custody Order

    If the child's father lives in a different state, he's not going to be awarded temporary custody (that's why dad wasn't contacted PRIOR to the child being placed with other family).

    The very nature of temporary custody is that the removing agency anticipates that the original parent could re-gain custody (usually by doing things like getting treatment or therapy for relevant issues, passing drug tests, etc.). Because of that, the child must remain in the same state, otherwise the agency has no authority over the child. The agency is responsible for the child, and will thus keep the child in jurisdiction that it can control. So, dad can either move to Texas and seek temp custody, or he's going to have to seek to become the regular custodial parent. Dad needs to be working with a family law attorney in Tx who can initiate the custody process with the STATE (who has the child under their wing now), rather than against mom (who doesn't). He needs to be aware, however, that this isn't going to be a quick process, and the mom will be given a reasonable chance to get the child back before a full change in custody will be ordered.

    Is or was dad deployed, and is he still subject to deployment? If so, that's going to severely impact his chances.

  3. #3
    Join Date
    Nov 2013
    Posts
    4

    Default Re: Filing for Emergency Custody Order

    No he is no longer in the service and hasnt been since the child was born. The cps case was actually brought up over child molestation alligations but nothing confirmed which is why his is now with the sister in law which is in another county then the original orders. We do have a motion to modify placed but have to wait to try and have the mother served and no one knows were the mother is including her parol officer. So we have to have her served at all known addresses then wait so it will be a while until the hearing. But pretty much what I am getting is since were from arizona its pointless to go file for temp custody in texas we just have to wait for the hearing. He is two and has tranfered three diffrent times since the aug 30th cps case was opened. We just wanted to try and get him settled as fast as possible for him. Thank you!

    - - - Updated - - -

    We currently did file a motion to modify for my husband to become the custodial parent in the texas the home state now and plan on doing the temp order in texas. Does that still give him no rights even thou we want the final order completed in texas since we dont want to wait six months. Heres some more back ground. Moms second cps case were kids were taken from home, she is on pr bond for forgery, her husband has a domestic violence case he was convicted of in 2010, she has old criminal drug charges, evicted from her home and tested positive aug 30. Mom hasnt contacted the women who has him in three months and egery number she has is disconnected. Do these coumt as grounds for abandonment, alligations of sexual assult since cps case is for child molestation. Case manager said he would testify in finally hearing on our behave. Idk just dont want to waste 1000 to drive out and get no were.

  4. #4

    Default Re: Filing for Emergency Custody Order

    Is mom the one accused of the molestation, or someone else (like her hubby)? If her hubby is the accused, is he still living with mom (at least the last time anyone knew where they were)?

  5. #5
    Join Date
    Nov 2013
    Posts
    4

    Default Re: Filing for Emergency Custody Order

    Yes it is her current husband accused of molesting her five year old. Last the case manager said was yes they were living together but they have none of the children. (She has three with other men and one with him and he has three with is ex wife) He is also the one with the domestic family violence case he was found guilty for. My hubbys ex has an old case for administering alcohol to minors, poss of <2 of marj. and forgery which she is on active bond for currently. She had one cps case in 09-10 where the daughter her hubby is accused of molesting was taken into foster care for a year. She then got clean amd had my hubbys son and as of aug 30 cps case number two were hubby os accused of molestation and she tested positive for drugs. So all the kids have been taken to seperate homes since aug 30. Currently we have no contact number or mailing address for his ex.

    - - - Updated - - -

    We talked about it last night and decided we are just going to make the trip and give it a shot for the temp custody. If anything we already have the motion to modify so hopefully us going down will at least help move it along.

  6. #6
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,877

    Default Re: Filing for Emergency Custody Order

    I concur. It's possible the judge may decide the child is better off with the two of you, permanently. (I've seen it happen in a very similar case.) Good luck to you and to the child.

  7. #7
    Join Date
    Nov 2013
    Posts
    4

    Default Re: Filing for Emergency Custody Order

    Update: We did go to texas and file for custody and was granted temporary sole custody with no contact from her. We had another hearing two weeks later and was granted joint custody with my husband being the custodial parent. She was ordered no visitations and no child support until january where the final order will be placed. She has until jan to pass all her drug tests and initiate contact twice a week to keep her rights. If she does not then the judge willthen decidwd if he will be terminating all her rights.

  8. #8

    Default Re: Filing for Emergency Custody Order

    Thanks so much for the update! Hopefully the child is flourishing, yes?

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