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

Q: ex arrested 4 domesticviolence. Hes still on parole. Our daughter lives with him,what do I have to do to get her hm w/me

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2 Lawyer Answers
Rahlita D. Thornton
PREMIUM
Rahlita D. Thornton
Answered
  • Divorce Lawyer
  • Houston, TX
  • Licensed in Texas

A: You have to file a motion to modify your prior order if you have one. Otherwise, you can initiate legal action to have an order rendered.

Victoria Collins
Victoria Collins
Answered
  • Divorce Lawyer
  • Fort Worth, TX
  • Licensed in Texas

A: If your ex is the managing conservator, then you will need to file a motion to modify conservatorship (custody) appointing you as the managing conservator and the ex possessory with supervised visitation. If you are the managing conservator then you need a motion to enforce and writ of attachment to get your child back, and also if ex is supposed to have unsupervised visits, ask for a modification requesting only supervised visitation. Of course, the outcome of all of this will be dependent on your background as well. Best to hire family law attorney.

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