need to get custody of my daughter..please help!

[mama2desi]

I live in texas
my daughter lives 6 hours away in texas where I recieved my divorce.

I want to get custody of my daughter because my ex husband(who has custody) is abusing his new wife in front of my daughter and drinking and driving with my daughter in the vehicle.

my ex is 14 years older than me and he threatened me saying I had to sign the divorce papers and I had to give him custody of my daughter and I was scared of him at the time because he had physically abused me, so I signed them.

CPS has been called on my ex because my daughter had seen the abuse and he had driven drunk, endangering my child...

PLEASE HELP!!! I want and need to get custody of my daughter, what do I do??
can I get some kind of temporary order until we can go to court or something?? I don't have a lot of money and I will have to drive 6 hours to go to court and get a lawyer 6 hours away.

also,we don't have visitation set in stone on the papers we are suppose to "mutually agree" and he only lets me see her when he wants me to, like twice a year!!! and I am always the one that has to drive 6 hours up there and 6 hours back!! what do I do??

 

[ktarra617]

Your daughter is of an age where she can tell the court her preferences. I hope you have been documenting everything that has happened over the years. I would file for custody as soon as possible. Do what ever you have to do to get a lawyer. File for emergency custody based on your ex's behavior. are there any police reports? If so get them and present them to the court. As long as your daughter has the courage to stand up in court and tell the judge why she wants to live with you or rather why she doesn't want to stay with dad then you may stand a pretty good chance.

Good luck!

 

[mama2desi]

my daughter is only 5 1/2 years old, she's not old enough to voice her opinion in court, yet, but I am going to look into the emergency custody.

 

[ktarra617]

i am sorry I got your post and another one mixed up on the children's ages. I think you're doing the right thing with the emergency hearing.


Good luck!