QUESTION
How do I go about filing a petition for primary conservatorship of my daughter?
Asked on Feb 05th, 2014 on Child Custody - Texas
More details to this question:
I live in Texas with my 5 month old daughter and her father. He and I are not married but he did sign the AOP when she was born. I want to leave him and the state. He is a horrible emotional and verbally abusive and controlling person. I need to make sure I do everything under the law so he does not take my little girl. He served me papers 5 weeks after she was born and threatened to take her away from me if I ever tried to leave him. I was able to convince him that I wouldn't leave and he rescinded the order. I need to get away from him as soon as possible. Can you please tell me the best way to go about leaving him and filing a petition for primary conservatorship of my little girl?
1 ANSWER
Personal Injury Attorney serving San Antonio, TX
at
Law Offices of James P. Peterson
Update Your Profile
You need to check with the District Clerk to see if he really "rescinded the order" . If the case the case was really dismissed then you are free to leave and once you have been in another state for six months then you can start a case there. If he files before then you will have to fight him here, but the chances of a residency restriction are less if you are already gone. If the case here is still active and a default order has been entered then you need to hire a lawyer right away to overturn that order.
Answered on Feb 10th, 2014 at 11:31 AM