SPARC Forums
Main Forums => Custody Issues => Topic started by: Gurudude on Aug 24, 2005, 09:26:07 PM
Have a question about my 13yo Daughter...
Currently I have joint-custody in Texas, myDaughter lives with ex who *was* living in apartment next to her parents. Situation is that ex *appears* to have had a mental relapse (she's paranoid-skitzophrenic (sp)) and has been hospitalized... The grandparents are refusing to give me any info regarding the situation... They've been trouble for quite some time... Since I have joint custody, I should be able to go in to the local Sheriff's office with the divorce papers and assume custody of the child correct..? Or do I need to see a judge and get some sort of court order..?
What does your Court Order say? I am not an attorney but my understanding is; the court order even though it is joint will have specified days the kids are in your care. Even if your ex is having a mental relaps and is unable to care for the kid this is her time and you would either need to jointly argee for you to take the kid or have a judge give you a temp order to go in and take the kid.
Her argument could be even though she is having a relaps since she lives next to her parents that her parents are helping her care for the kid while in her custody. A lot of judges feel this is ok for a short term problem untill treatment can help and wont make a custody change. Unless she has no help, the kid is in emediate danger by her and grandparents, or there is no hope for the ex the judge may not change a thing. I am asssuming the original Court Order was put in place at the time every one knew of the ex's mental state.
His response was well laid out.