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  1. #1
    Colleen Vojtech is offline Junior Member
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    Question Mother is in jail - need to get primary custody

    What is the name of your state? Texas

    What is the procedure formy son to gain primary custody of his child, since his mother is in jail? My son and the child's mother have joint managing conservator, but the mother's child has
    "the exclusive right to designate the primary residence of the child within the boundaries of the {name} Independent School District."

    The mother's child is obviously incapable of taking care of herself, let alone her child. My son needs to gain primary custody and get her back in school and into a much more stable home environment.
  2. #2
    ceara19 is offline Senior Member
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    Quote Originally Posted by Colleen Vojtech
    What is the name of your state? Texas

    What is the procedure formy son to gain primary custody of his child, since his mother is in jail? My son and the child's mother have joint managing conservator, but the mother's child has
    "the exclusive right to designate the primary residence of the child within the boundaries of the {name} Independent School District."

    The mother's child is obviously incapable of taking care of herself, let alone her child. My son needs to gain primary custody and get her back in school and into a much more stable home environment.
    Where is the child NOW?
  3. #3
    Colleen Vojtech is offline Junior Member
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    I leave in the state of Texas. Answer to your question "Where is the child now? The child is with her dad (my son). My son went to pick her up when the mother's mom called and said she was in jail.
  4. #4
    ceara19 is offline Senior Member
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    Quote Originally Posted by Colleen Vojtech
    I leave in the state of Texas. Answer to your question "Where is the child now? The child is with her dad (my son). My son went to pick her up when the mother's mom called and said she was in jail.
    He will need to petition the court to modify the existing order. However, if he is listed on the child's birth certificate, he should have no problem registering the child for school in the district he lives in. The only time schools should require a court order is if one parent is trying to restrict the other parent's access to the child or the child's school records.

    Technically, it would be a violation of the court order, but as long as he moves quickly to get the order modified, the court shouldn't have a problem with it. They may have a problem with the child not going to school at all though.

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