Can a judge overturn another judge's decision document after it has been enforced for 4 years in a child's custody case?

Question

Judge signed a Temporary Custody order in 2019 in favor of the father. Father being appointed the Sole Temporary managing Conservator. Mother states she did not receive document in time to respond. She was aware of this document for 4 years and she had Supervised visitation during that 4 years which proofs she new about the document. Mother hired a lawyer for about 2 weeks but lawyer dropped her because she would not pay the lawyer. Again by hiring a lawyer proofs she was aware of the document. Mother did not pursue case quit showing up for supervised visits. Mother asked father if she could take daughter to her brother's high school graduation. Father informed mother that she is to bring child back as soon as graduation was over. Mother did not return child for over a month and will not return child. A Writt was issued but judge stated he could not enforce it if she did not receive notice. So my is question is should the judge default back to the Temporary Custody Order.

Sharita Blacknall · Answer

When it comes to child custody orders, it's crucial to understand that the paramount consideration is always the best interest of the child. That said, here's some information that might be helpful: 
 
In Texas, once a judge has issued a custody order, it can be quite difficult to modify it unless there has been a significant change in circumstances that affects the best interest of the child. This is designed to provide stability for the child. However, there are circumstances where an order might be modified or reviewed. 
 
If the mother did not receive notice of the original order as required by law, that could potentially be grounds for a review. However, as you've stated, there seems to be substantial evidence that she was indeed aware of the order and even acted in accordance with it for a period of time. This could potentially be persuasive to a judge. 
 
In regards to enforcement, it's a bit unusual that a writ was issued but not enforced due to lack of notice. A writ of habeas corpus, for example, is a tool commonly used in Texas to enforce custody orders and requires the person holding the child to appear in court. 
 
In your situation, the judge could potentially revert to the previous custody order, especially if it's in the best interest of the child, but this will depend on the specific circumstances of the case and the discretion of the judge. 
 
This is a complex situation, and the specific facts and law applicable in your case could affect the outcome significantly. Therefore, it's critical to consult with an attorney who can guide you based on the specifics of your situation.

Q: Can a judge overturn another judge's decision document after it has been enforced for 4 years in a child's custody case?