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Colorado courts just gave me custody of my two kids who currently live in Texas with their mother. Can she fight for custody under Texas law?
Wiki User
∙ 14y ago
Often, during a custody challenge, the parent in possession of the child(ren) will remove them from the jurisdiction of the court, hoping to avoid turning them over should the decision go against him/her. Should this happen, the now custodial parent needs to know what procedure to follow in taking possession of the children with the least amount of tension to all parties concerned.
Have the Clerk of the Court make a copy of the case file. This will not be cheap, but it's always best to keep your own copies. As an alternative, if you have a portable scanner, they can be scanned into PDF files for easy storage on a disk.
In preparing for the trip, take along extra (empty) suit cases for bringing back the children's clothing. You might also consider printing out shipping labels, should the need arise to ship anything back.
Take your Custody Order, along with copies of supporting documents to the County Court House for the current residential location of the children.
Have the Clerk of the Court register and certify your custody award. In some counties, you may be required to see the Family Court Judge to sign off on the order. This will be where the support documentation will be needed.
Make a copy of the locally certified order to provide the other parent.
After completing this step, contact local law enforcement for the area and request officers to accompany you as "Keepers of the Peace" for the actual transfer of the children.
If legal in the state, carry a tape recorder to record the process of the actual transfer of the children. See link below
Meet the officers at the designated address and show them your copy of the order.
Go to the door, and once answered, state that you have been granted custody in accordance to a valid court order from the jurisdiction where the order was issue. The order has been registered and certified at the local jurisdiction court, and you have arrived to pick up the children to be returned to the home jurisdiction. Hand them a copy of the order.
Be considerate and calm in the process.
If denied the transfer of custody, the police may or may not exercise their authority to enforce the order. Many jurisdictions are requiring a warrant of enforcement and/or arrest be issued by the prosecutor's office to move forward, but a check of the laws for the state may produce one that allows the police to take the children into protective custody until these issues are resolved. This would prevent the other parent running with the children. The threat of it may also encourage the transfer to take place.
Contact the Texas Fathers For Equal Rights about the possibility of local members joining you as witnesses. see links below
Wiki User
∙ 14y ago
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Does the birth mother have automatic custody if she and father are married?
No, although most courts favor custody to the mother.
How can you best gain custody of your children who are currently living with their mother and the mother is a drug dealer?
How can you best gain custody of your children who are currently living with their mother and the mother is a drug dealer
Who gets custody of a baby when the father is 19 and the mother is 17 and living at home?
The courts will determine who gets custody of the child. The courts will consider what is in the best interest of the child.
How does a mother win a custody battle when the father is a liar?
By proving it in the child courts.
Can mother give up rights to baby to a family member with out courts involved?
No. Only the courts can award legal custody.
Can a mother lose custody of her child by moving in with family members?
That by itself is not a reason courts would change custody.That by itself is not a reason courts would change custody.That by itself is not a reason courts would change custody.That by itself is not a reason courts would change custody.
Can a married father win custody of a child The mother is deceased and child currently living with grandmother?
Custody issues are decided by the courts on the basis of the best interest of the child in question. If the child is likely to be cared for better by the father than by the grandmother, then yes, the father would have a good chance of winning custody.
Father and Mother are not married when Mother decides she does not want to be a Mom then abandons the Father and Child. Does the Father have legal rights for full custody?
The father must establish his paternity through the courts since he and the mother were not married. He can petition for full custody. He should consult with an attorney who specializes in custody issues. The mother's abandonment can certainly be used as evidence that the father should receive legal custody. He is providing the day to day care of the child.The father must establish his paternity through the courts since he and the mother were not married. He can petition for full custody. He should consult with an attorney who specializes in custody issues. The mother's abandonment can certainly be used as evidence that the father should receive legal custody. He is providing the day to day care of the child.The father must establish his paternity through the courts since he and the mother were not married. He can petition for full custody. He should consult with an attorney who specializes in custody issues. The mother's abandonment can certainly be used as evidence that the father should receive legal custody. He is providing the day to day care of the child.The father must establish his paternity through the courts since he and the mother were not married. He can petition for full custody. He should consult with an attorney who specializes in custody issues. The mother's abandonment can certainly be used as evidence that the father should receive legal custody. He is providing the day to day care of the child.
Can a parent who has custody and the father has visitation a few hours a week can the mother with custody move with the child for a better paying job?
She can move with his and the courts permission.
Can a mother who has sole custody not allow a father to see his child if he has joint guardianship?
Not without the approval of the courts.
Can the mother move the child out of the country?
It depends on the situation. If the mother has sole custody, yes. If not, the father's permission, and perhaps the courts, would be required.
Can a mother who does not want her unborn child give custody to a friend to raise as her own?
Custody of children cannot be passed around like custody of purses or shoes. This arrangement will have to go through the courts.
