how can I keep my son with me while waiting on a hearing for custody modification?

[bobsyouruncle]

What is the name of your state (Texas)?

I am soon to be fileing for a custody modification for my 12 yr old son. I paid a membership to a service that misrepresented themselves as legal support but were actually only for filling out paperwork for an additional $990.That ordeal wasted precious time when I could have already filled out, filed and served the mother by now. So,now that time of the essence, (he is supposed to go back to his mothers on July 31st) is there a temporary or emergency order that I can file in order to keep him here while we wait for a hearing date to be set? (we are in Brazoria County Tx)

 

[Proserpina]

What is the name of your state (Texas)?

I am soon to be fileing for a custody modification for my 12 yr old son. I paid a membership to a service that misrepresented themselves as legal support but were actually only for filling out paperwork for an additional $990.That ordeal wasted precious time when I could have already filled out, filed and served the mother by now. So,now that time of the essence, (he is supposed to go back to his mothers on July 31st) is there a temporary or emergency order that I can file in order to keep him here while we wait for a hearing date to be set? (we are in Brazoria County Tx)

What's the nature of the emergency?

If there is no emergency and you'd be keeping him outside of your usual parenting time, you may find that you've shot yourself in the foot.

 

[Doreen]

You are filing a suit for modification of the custody order. You need to understand that unless there is a bona fide emergency, the Texas Family Code expressly prohibits a court from issuing any temporary orders that changes the custodial parent or the CP's right to designate the child's primary residence, until AFTER a trial on the merits of the modification suit. That is not going to happen by the end of this month, or even next month... in which case you will need to return your child by the due date

FYI, the best free legal resource for parents representing themselves in Texas is TexasLawHelp.org

 

[bobsyouruncle]

she and her husband are mentally and physically abusive. I am waiting to hear back from Lone Star Legal Aide but last Monday his therapist told me that he should not be allowed to go back to his mothers and that I should find out whatever I need to do in order for him to not go back at the end of our summer. She also said that she was planning on filing with CPS but I don't know if she did or not. On Wednesday Lone Star Legal Aide said we would hear from their lawyer in 7 to 10 days which would leave us a very small window of time to get the mother served so that he would not have to go back on the 31st.

 

[BL]

she and her husband are mentally and physically abusive. I am waiting to hear back from Lone Star Legal Aide but last Monday his therapist told me that he should not be allowed to go back to his mothers and that I should find out whatever I need to do in order for him to not go back at the end of our summer. She also said that she was planning on filing with CPS but I don't know if she did or not. On Wednesday Lone Star Legal Aide said we would hear from their lawyer in 7 to 10 days which would leave us a very small window of time to get the mother served so that he would not have to go back on the 31st.

The coucelor would be a manditory reporter ,and CPS should be investigating shorty.

 

[Proserpina]

she and her husband are mentally and physically abusive. I am waiting to hear back from Lone Star Legal Aide but last Monday his therapist told me that he should not be allowed to go back to his mothers and that I should find out whatever I need to do in order for him to not go back at the end of our summer. She also said that she was planning on filing with CPS but I don't know if she did or not. On Wednesday Lone Star Legal Aide said we would hear from their lawyer in 7 to 10 days which would leave us a very small window of time to get the mother served so that he would not have to go back on the 31st.

Something is not right here.

If there was genuinely a case for CPS involvement, why haven't you called? Why didn't the therapist call right then and there? A mandated reporter doesn't have the luxury of "Oh yeah I'll get to that and you know". In fact here are the actual rules for Texas: https://rainn.org/pdf-files-and-other-documents/Public-Policy/Legal-resources/2009-Mandatory-Report/Texas09C.pdf

If what you say is true, she needs to have her licensed pulled - IMMEDIATELY - for endangering YOUR child via the lack of reporting. A report must be made within 48 hours - no ifs ands or buts.

So. Either she's lousy and needs to be penalized, or one of you is not understanding the other.

 

[Proserpina]

The coucelor would be a manditory reporter ,and CPS should be investigating shorty.

48 hours max. That's how long a mandated reporter has to actually report.

 

[BL]

48 hours max. That's how long a mandated reporter has to actually report.

Well ,even if reported you have to have some proof. I there were proof of physical abuse ,you're right either the poster or councerlor shound have seen it ,taken the child to a Hosp. or Doctor's to document it .

Without that ,I don't see an emergency .

The poster could certainly file for one and take the councelors report , but the court would ask the same questions.

One can be accused but it must be founded.

Twice we were accuesed and twice unfounded.

The boy jumped on his bed a bruised himself.

The other I forgot the alligations, yrs. ago but the child was in counceling.Oh I remember the Hosp. made the report falsely ,he was there under mental for 2 weeks.

Mom felt he should stay longer and they did not.We took him home ,Mom said she didn't want to yet but did ,we had a meeting prior and one got loud toward me and I got loud back. Guess the didn't like it. I made a complaint with proffesional misconduct ,had a meeting and they agreed to handle situations diferenly.

 

[Proserpina]

Well ,even if reported you have to have some proof. I there were proof of physical abuse ,you're right either the poster or councerlor shound have seen it ,taken the child to a Hosp. or Doctor's to document it .

Without that ,I don't see an emergency .

The poster could certainly file for one and take the councelors report , but the court would ask the same questions.

One can be accused but it must be founded.

Twice we were accuesed and twice unfounded.

The boy jumped on his bed a bruised himself.

The other I forgot the alligations, yrs. ago but the child was in counceling.Oh I remember the Hosp. made the report falsely ,he was there under mental for 2 weeks.

My point was, according to Dad, the child's THERAPIST is a mandated reporter and she was seen last Monday.

7 days ago. If she genuinely thought that the child was at risk, she should have done something that same day.

However...let's wait for OP to come back.

I have a feeling I know exactly what happened.

 

[BL]

My point was, according to Dad, the child's THERAPIST is a mandated reporter and she was seen last Monday.

7 days ago. If she genuinely thought that the child was at risk, she should have done something that same day.

However...let's wait for OP to come back.

I have a feeling I know exactly what happened.

Yes we do need clarification.

 

[stealth2]

Additionally, the therapist is not legally competent to advise OP to not return the child.

 

[bobsyouruncle]

I guess I wasn't being clear that after the appointment the therapist walked out of her office and told me she would be calling cps. She can not tell us why except that it is reason enough for us to seek immediate custody. Cps will give us any info at this time. FYI they could care less about proof. 3 yrs ago they didn't care about buckle shaped bruises or a recording of his mother telling him she was going to take him to get his penis removed because he peed his pants. Or that she locked him in his room naked and screaming for the same reason. Cps is a joke. They said she had food and a clean house and my wife (who was the one that caed) was just a spitefultep mom.
I downloaded many forms from texaslawhelp.org but can't find anyone which are what I need. And I haven't found one that sounds like temporary custody. So we are stuck hope I figure it out online or we sell enough material possessions to afford a proper lawyer.

 

[Silverplum]

I guess I wasn't being clear that after the appointment the therapist walked out of her office and told me she would be calling cps. She can not tell us why except that it is reason enough for us to seek immediate custody. Cps will give us any info at this time. FYI they could care less about proof. 3 yrs ago they didn't care about buckle shaped bruises or a recording of his mother telling him she was going to take him to get his penis removed because he peed his pants. Or that she locked him in his room naked and screaming for the same reason. Cps is a joke. They said she had food and a clean house and my wife (who was the one that caed) was just a spitefultep mom.
I downloaded many forms from texaslawhelp.org but can't find anyone which are what I need. And I haven't found one that sounds like temporary custody. So we are stuck hope I figure it out online or we sell enough material possessions to afford a proper lawyer.

So that's the version we're going with?

 

[BL]

I guess I wasn't being clear that after the appointment the therapist walked out of her office and told me she would be calling cps. She can not tell us why except that it is reason enough for us to seek immediate custody. Cps will give us any info at this time. FYI they could care less about proof. 3 yrs ago they didn't care about buckle shaped bruises or a recording of his mother telling him she was going to take him to get his penis removed because he peed his pants. Or that she locked him in his room naked and screaming for the same reason. Cps is a joke. They said she had food and a clean house and my wife (who was the one that caed) was just a spitefultep mom.
I downloaded many forms from texaslawhelp.org but can't find anyone which are what I need. And I haven't found one that sounds like temporary custody. So we are stuck hope I figure it out online or we sell enough material possessions to afford a proper lawyer.

Well why did she walk out ?

What did you all talk about ? What was said ?

Well yes it would be nasty of them to take no action. I've been their done that with no action ,and I didn't know but instead could have called the Law. But at any rate , You have no idea from the session ?

 

[gam]

I guess I wasn't being clear that after the appointment the therapist walked out of her office and told me she would be calling cps. She can not tell us why except that it is reason enough for us to seek immediate custody. Cps will give us any info at this time. FYI they could care less about proof. 3 yrs ago they didn't care about buckle shaped bruises or a recording of his mother telling him she was going to take him to get his penis removed because he peed his pants. Or that she locked him in his room naked and screaming for the same reason. Cps is a joke. They said she had food and a clean house and my wife (who was the one that caed) was just a spitefultep mom.
I downloaded many forms from texaslawhelp.org but can't find anyone which are what I need. And I haven't found one that sounds like temporary custody. So we are stuck hope I figure it out online or we sell enough material possessions to afford a proper lawyer.

They investigated, that is their job, they found the allegations unfounded, they completed their job. Maybe the recording was not obtained legally and could not be used. Where did the recording come from and was it obtained legally? How did your wife know that mom locked him in his room naked and screaming? What proof did your wife provide CPS? What harm came him being locked in his room naked and screaming? Yes often CPS can be a joke, but often the evidence given to CPS is a joke and they can't do a darn thing with it.