Can I file a motion to modify custody if the final orders hearing was just a couple of days ago?

Asked about 1 year ago - Baytown, TX

The judge awarded custody of my son to his father and I have custody of my daughter. During the final orders hearing I tried to explain that their father had a contempt hearing for failure to pay child support and that he may being going to jail. The judge did not seem to care! Today I found out that their dad did not attend the hearing and there was a warrant issued for his arrest. If father does go to jail he will not be able to care for my son. Is it possible to file a motion to modify even though the final orders hearing was on Monday? I'm very concerned!

Attorney answers (3)

  1. Michael Glynn Busby Jr.


    Contributor Level 19


    Lawyers agree

    Answered . Motion for new trial may be better. I would be very careful, because good chance you would pay the other sides attorney fees.

  2. Marshall Alan Thompson

    Contributor Level 4

    Answered . I agree with Mr. Busby that you way want to consider post-judgment remedies like a motion for new trial since your last order is so recent.

  3. Lee Alan Thompson

    Contributor Level 20


    Lawyer agrees

    Answered . Typically you have to have a change of circumstances which usually takes more than a couple days. Here however you may be able to get an ex parte custody order but do this, get an attorney this time. This assumes he goes to jail though. Talk to an attorney regardless. Maybe you have grounds for an appeal but there are time limitations for filing one.

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