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- - Current
- Q. if my ex, who lives in Texas, has recently had her children(with her now husband) taken away because she and her 2yr old
- A: This would be time to file for an ex parte emergency custody petition. You will need to list out all of the information you have as to why this is an emergency in your petition. Meth use will most likely be enough. However, if you can get a copy of the child protective services information, it would most likely give you all the information regarding the allegations you will need for your petition. You will most likely need an attorney to help you with this due to the nature and time sensitiveness of ex parte custody actions.
- Q. Does my 13 year old have to go to her dads if its court ordered and she doesn't wanna go?
- A: Yes. Children do not get to decide if they want to go to the other parents residence or not. If there is something going on at Dad's house that is unsafe, abusive, or puts her in danger, then you can petition the court for a change in custody (and if it is extreme, then an emergency custody petition). But, regardless of the age of the children, they do not get to decide if the go to the other parent's scheduled visitation.
- Q. Can a Grandparent keep their grandchild from her mother without a court order?
- A: If your daughter was never married to the father and he has never been adjudicated the father by the Court then no. However, he can petition the court for paternity and custody. The father can also file an ex parte emergency custody petition with his paternity action to get immediate custody if the circumstances of your daughter's addiction is putting the child in danger. I would suggest you get a guardianship over the minor child if you are in a position to raise the child until your daughter gets well. She can consent to the guardianship which will make it easier and simpler for you.