Q: In Texas, can I remove my child from a dangerous environment (home of my ex-wife’s convicted felon BF)

A: Because you have an existing court order and a new case seeking primary custody, you need to file a motion for temporary orders or, if there is an imminent threat to your child, a motion for a TRO. The facts stated in your question do not justify your violation of an existing court order in my opinion.

A motion for temporary orders can likely be heard in a couple of weeks. A TRO could be granted without a hearing if ex-wife doesn't have a lawyer.

I want to emphasize that this is not a DIY project. There are very specific requirements that must be followed to accomplish the desired result. You need the assistance of an experienced attorney in or near the county where your new case is pending who practices in the area of family law. This should be the same attorney who is handling your new case seeking primary custody.

That attorney should be familiar with the predilections of the judge assigned to your case and can emphasize facts which in other cases that particular judge has found persuasive. For example, some judges will be more bothered by the boyfriend's marijuana use in front of your child than others.

A: If you believe your child is being abused, neglected, or exposed to harmful conduct due to your ex-wife's boyfriend's behavior, you should file for a modification of the custody order and request a temporary order. Present evidence of the boyfriend's drug use and criminal history. Unilaterally removing your child without a court order can be risky and might negatively affect your case for primary custody. It's crucial to follow legal procedures to protect your child while respecting the custody order. Consult with your attorney to discuss the best strategy for modifying custody arrangements and obtaining a temporary order to ensure your child's safety.