Please help SS from BM before its toooo late!!!!

[texasstepmom]

My husband and I are filing a Motion to Modify on our own because we cant afford to hire an attorney. We have my SS at this moment and will file the motion before we are suppose to return him to his BM. If we honestly believe that it is NOT in his best interest to be returned to her due to her not having anything that is stable for him. She has moved him more then 7 times in the last year. He failed the 5th grade (he is 13 yrs old and should be in the 7th grade). He didnt attend summer school due to her up and moving him again. She has a 15 yr old that hasnt lived with her for the last year. She moved in with friends in a different city then mom because she was tired of moving (mom allowed her to do it). Then after school let out the daughter moved out of state to live with her father that she had just met and disowned her mother. My SS has stated to and has put into writing himself that he wants to live with us because he are stable. He has a roof over his head and he knows that he will always be able to have something decent to eat. Can we for his safety keep him at least until we go to court for the modification and see what the jugde has to say?? Please help me with this. Any and all help is greatly appreciated!!

[anera]

If your husband feels that the child is being neglected, then you should contact child protective services and inform them of your concerns.
 
 
when speaking with them stick to the facts, (not your personal feeling about the mother)
the child is old enough to express his feelings to cps and a judge.
 
CPS will investigate your concerns and if they feel that there is reason they will petition the court for an "emergeny shelter hearing" they will look at the best place for the child to live until yours/there concerns are heard by a judge. (they will also determine if your home is in order and a safe place for the child and his immediate needs)
 
 
First you need to ask your husband if he wants custody of his son? he has to be up front and honest about this. if so, tyen he needs to be the lead on this and (as hard as it may  be yu'll have to take a back seat on this one).
 
Some other questions you might want to ask yourselves:
 
Is your husband current on his child support or does he pay child support?
 
why has he waited so long to do anything? did he not know his child was held back not once but, twice?
 
why has'nt the police or cps been notified? or do you think it's not that serious and a emergency hearing is not warranted and the child can wait a month or two for the court to shedule a hearing?
 
you say alot of things in your post without writing them. remember this is not about the mothers 15 yera old son or her daughter. it's about your husband and his son...the rest will come out in the wash.....just my opinion. wish the best for that child.
 
Do you still think after all that you have posted ythis child should wait for a court hearing.

[ocean]

I do not agree with calling CPS, they usually do not do anything when it is a custody battle anyway.

Go to his last school, get report cards, attendance, and proof of grades that he failed. See if the principal is in (since it is summer) and will put a simple letter about failing 5th grade or whatever letters they sent BM regarding that situation.

GO to family court and file for emergency temporary custody of child due to:
1. mother has moved X times in past year
2. child is now moving to X school in the past year
3. Child has just failed 5th grade and is now 2 years behind his classmates in age (also repeated XX grade)
4. child wished to live with father and visit with mother due to the constant moving of his school/home
Father requests emergency custody so he can sign child will have a stable environment and be able to start school on time. Both child and father want child to have relationship with mother and will encourage frequent visits according to the school holidays.

Once you fill this all out, hand it back in and they will get it in front of a judge that day or next and you will have a quick decision. If the judge does not accept it, they may put it to a reg hearing instead and you will have to wait a few weeks for that to happen

Is there a change mom will allow the custody change? Get your ducks in a row...Then maybe talk to the mother and make an offer...does she have a house now? does he have a bed there? room there? If you both agree, a little easier, she signed paperwork for custody change and you have courts sign off on new order.

[texasstepmom]

we have callead cps and nothing was done. we have filed a modification of parent child relationship. no she doesnt have a place of her own, she informed us today that shes staying with some different friends from when we picked my ss up. my ss asked me today if he would have to talk to the judge in front of his mom, he said she scared him and he was afraid what he would do when she finds out that he doesnt want to live with her anymore. with the modification papers filed and my ss putting in writing that he doesnt want to live with his mom, does his dad have to make him go back to her at this point or can he refuse?

[ocean]

You will have to return him if you do not get in front of a judge before then.
Do you have a court date from the papers you just filed? (should of been emergency papers so you can keep him).

You may still be able to file another set of papers depending on what you said in first batch...you can file new emergency papers that state father requests temporary custody due to the fact mother just informed father/son she has no home and living between friends. Child has been switched schools X times in past year and just failed the last school year with mother. Father already put in modification papers but requests emergency temp custody now due to child is supposed to return to mother on XX and he has no home to return to.

What exactly did you file already?

[texasstepmom]

we filed a motion to modify parent child relationship. i cant fid anything on emergency orders. we cant afford an attorney at this time. where can i find the paperwork for emergency orders. thanks for all your help.

[ocean]

Call the family court house will probably be the easiest. Ask them if they have an online website to download. Ask them where you go to file an emergency custody change and do they have the papers there. Bring all documentation you have, past court case numbers and recent orders. They usually want a copy of last orders- a court copy. If you go early, they usually get you in front of a judge that day, explain why you want him to stay with you, have child there and tell judge child is willing to talk to him, and judge will either grant it, or tell you that you will have to wait for your other papers to go through. BUT use the start of school as the reason you need to get the done ASAP and that mother has no place to live.

[gemini3]

File an ex parte motion.
 
Also, don't discuss the case with the child.  They need to be sheltered from this kind of thing as much as possible.  At his age, there is no chance that he will ever have to talk to the judge in front of his mom.  At most he'll talk to the judge in chambers, but it's more likely that he'll talk to a GAL and/or social worker than the judge.

[Davy]

As I recall, in TX it is referred to as " Ex Parte Emergency motion for Temporary Custody".  Ex-Parte means "without notice" to opposing party (will not be present) which you can justify since the party/child seems to not have a permanent resident.  The court may disallow the filing with a motion pending ... and/or may require the pending motion be dismissed.   Ask the clerk of court.  They may or may not cooperate.

Also, and most important, the court may reject an emergency filing based solely on "start of school".  I can't think of the proper wording but it is something similiar to abusive and neglectful based on lack of resident, food, health concerns, unstable educational environment ,etc.  Personally, I would attach the father's AFFIDAVIT (personal detail statements) expounding on the accusations along with any other supporting documents.   

I assume you're aware the father is the petitioner.

[Davy]

TexasStep .... is there an update in these matters ??  Hopefully all is well !!!