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  1. #1
    avinubia is offline Junior Member
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    Custodial Parent in INS jail-help!

    What is the name of your state (only U.S. law)? Texas

    Well my sons lives with his father and stepmother. He has been arrested by INS because he had a warrant for deportation. It does not look good for him. Im the non-custodial parent what forms do I need to file to get custody of my son. Do I need a lawyer for this or can I do it myself? thank youWhat is the name of your state (only U.S. law)?
  2. #2
    Ohiogal is offline Senior Member
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    Quote Originally Posted by avinubia View Post
    What is the name of your state (only U.S. law)? Texas

    Well my sons lives with his father and stepmother. He has been arrested by INS because he had a warrant for deportation. It does not look good for him. Im the non-custodial parent what forms do I need to file to get custody of my son. Do I need a lawyer for this or can I do it myself? thank youWhat is the name of your state (only U.S. law)?
    Where is your child now? Is there a restraining order or anything of that nature against you? You should file with the courts for emergency custody (and set a hearing in the future for a motion to modify custody) and if granted go pick up your son.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  3. #3
    avinubia is offline Junior Member
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    No their is no restraining order. He is still with his stepmother because of school me and her have agreed to let him finish school due to its only 1 month away before they get out of school. I still pick him up every weekend since the his father is in jail for the past month. We do get along very well. I have heard that he can sign the waiver to agree to modify the court order?
  4. #4
    Ohiogal is offline Senior Member
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    Quote Originally Posted by avinubia View Post
    No their is no restraining order. He is still with his stepmother because of school me and her have agreed to let him finish school due to its only 1 month away before they get out of school. I still pick him up every weekend since the his father is in jail for the past month. We do get along very well. I have heard that he can sign the waiver to agree to modify the court order?
    If he is in jail he doesn't have to agree. You can pick up the child. However due to the fact that you are agreeing to the child staying there to finish school there would not be an emergency. So just file for a modification of custody and -- if he is agreeing -- submit an agreed entry that changes custody to you.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.

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