I have a very good case to change custody of my children. My ex husband has primary residence. I have had the kids for the past 6 months. He has moved to our town, but has stated that the kids will do the EOWeek starting when school starts in January. I have the kids for Christmas break starting Dec 19-Dec 28. He has the from Dec-28 -Jan 5. Do I need to file an emergency child custody petition or just a modification? I need to get custody changed as soon as possible.
File your petition to modify NOW while you have the children. Get a lawyer. Ask him about a TRO and any other necessary orders
I am not intending this to be legal advice, because I don't know the particulars of your situation. Call me if you would like to discuss this or other isues.
I agree that it would be a good idea to file your modification as soon as possible. Getting court dates this time of year is a bit harder due to the holiday schedules. Based on the information you provided there does not appear to be any basis for any emergency orders. That would normally only be considered when there is an immediate threat to the safety of the children. However, if the court grants a TRO (temporary restraining order), they will schedule a hearing within 14 days of the date the judge signs it. You should contact an attorney who regularly practices family law in your county to help you with this. While there are no guarantees, the courts give a lot of respect to what the parents have decided to do on their own without being told by the court. In your case, the father obviously thought it was in the children's best interest to live primarily with you so that will carry a lot of weight with the judge. But you need to act as soon as possible.
I would agree that you should file the Petition to Modify now. I would suggest hiring a lawyer who practices in Bastrop County.
Best of Luck
The response to your question is conditioned and precedent on two factors. (1) If you have been divorced for less than a year, you may file for an emergency motion if the welfare of the child is in physical or mental danger, otherwise you have to wait for one year before you can file for a modification of custody. If the divorce is more than a year and you have had custody of the child for the period of six month, you may have your attorney file a motion to modify and prove that you are the best parent for the child and prove that the child is in physical or mental danger. Since modification is complicated with other factors and circumstances, I suggest that you contact an attorney.
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