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Custodial Parent in INS jail-help!

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avinubia

Junior Member
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)?
 


Ohiogal

Queen Bee
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.
 

avinubia

Junior Member
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?
 

Ohiogal

Queen Bee
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.
 

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