Q: I'm trying to get full custody of my kids. father has been m.i.a for two weeks. how can i get a court date.
i've tried a few years ago for full custody. ended settling for joint. their father hasn't followed threw with any of his responsabilies since our last court date.
Assuming your case is here in Texas, you would file a Petition to Modify the prior order in the same court your case was in last time; you would have process issued by the Clerk; you would have him served by an authorized process server; you would request a trial date if he answers the suit or if he doesn't, you could appear when the Court has available time and present your case as a default proveup.
There is a lot more to it and I'm trying to answer without knowing what you've done, but the above gives you a general outline.
If you're in the DFW area, give me a call. 817-338-4500.
A: Your best option is to hire an attorney. You need to file a suit affecting the parent child relationship (SAPCR) and have father served. If you cannot locate him there are other methods for getting him served. As far as "full custody", Texas really does not have such a thing. There is joint custody, where each parents have mostly equal rights to the children, but one parent is designated as primary and the other is provided a visitation schedule, such as a standard possession order. If there is a history of domestic violence, you may be able to obtain what is called Sole Managing Conservatorship which would allow you greater control over the decision making for the children. But regardless, substantially more often than not, father will receive some type of visitation schedule with the children.
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