Spring, TX asked in Family Law and Child Custody for Texas

Q: My children live with their father in missouri, I live in texas. Friday he got arrested, whats my next step to get them

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1 Lawyer Answer
Mr. Charles C Guidry
Mr. Charles C Guidry
  • Divorce Lawyer
  • Cypress, TX
  • Licensed in Texas

A: You need to file a Motion to Modify custody. If your children are resident of Missouri, then there are several steps to take with the assistance of an attorney in Missouri:

1. To satisfy the jurisdiction issue, the Missouri attorney will either file a Motion to Modify in the State of Missouri & Motion to transfer the case to Texas. Once the case has been transferred to Texas, one of our Court will be assigned to the case to change custody.

2. Depending upon the type of arrest, CPS (Child Protective Service) can ascertain a hearing to give you temporary custody and the opportunity for Texas Jurisdiction over the children.

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