Q: I filed a petition to modify custody, In order conservatorship it asked if there a joint can I add husband?
The petition was filed I'm just filling out orders , I'm doing this pro se. I want to ensure paperwork is done properly. Since I'm doing it through efile when do I file order . Hearings in March
A:
A custody lawsuit is not a DIY project. Unless you have substantial experience working in a law firm that practices in the area of family law, it is a very bad idea to try to represent yourself in this type of proceeding.
If you are still married to your husband and your husband is the father of the child who is the subject of the modification, you probably need to file a divorce action along with your SAPCR.
If your husband is not the father of the child, you already have a custody order for he child who is the subject of the modification with the man who is the father, you would need to file a suit to terminate the father's parental rights if you intend to give your husband any parental rights with respect to the child such as making him a joint managing conservator.
Joint managing conservatorship between a child's parents is the "default" setting when it comes to SAPCRs, so if you do not want the child's father to be JMCs with you, you will need substantial evidence to overcome the presumption of JMC.
If the father is in agreement with your proposed modification, you will want to file and tender the Order to the Court at the prove-up hearing. If the father is not in agreement, you can pre-file a proposed Order, but the Court will not look at it until your trial.
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