Q: My children live with their father in missouri, I live in texas. Friday he got arrested, whats my next step to get them
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.