change of venue

[marnbuk]

 I got custody of my BD age 5 on 12/1/2005 in Texas. I live in a different county and the county I reside in is a lot tuffer on deadbeat parents and rarely change custody. The current judge that is over our case is very unpredictable and flighty (every attorney I talked to prior to serving her said they dreaded going before him and if it was not in his court they would already be celebrating a victory). These are temporary orders because we filed for a temporary hearing to get it in court fast. BM mediated just prior to walking in to court. BM did not get an attorney and she thinks temporary orders means the whole thing is temporary. BM has to get off a safety plan with CPS before she can even be unsupervised with her children (hopefully it will take a while). She lost custody of 3 children with 3 fathers.
 I am the only father BM has fought. She voluntarily gave the other children up but I had to retain an attorney and serve her (I am also the only father that has ever paid child support). She thinks as soon as CPS clears her she will be able to get BD back so I expect to be back in court for final hearing eventually. I am not ever going to file for final hearing because everything is in my favor now and she will have to come up with the money for an attorney or represent herself.

 #1. If BD resides with me at least 6 months before final hearing is set can I get a change of venue for final hearing due to child residing in different county for at least 6 months?

 #2. If we have to go back for final hearing is she then in the position to prove it is in the best interest of the child to change custody and not just prove she is off the drugs and stable again (not the first time CPS has taken her children)?

[socrateaser]

> #1. If BD resides with me at least 6 months before final
>hearing is set can I get a change of venue for final hearing
>due to child residing in different county for at least 6
>months?

Possibly. It's entirely up to the judge (who you say is unpredictable, so that really makes it tuff for me to advise).

> #2. If we have to go back for final hearing is she then in
>the position to prove it is in the best interest of the child
>to change custody and not just prove she is off the drugs and
>stable again (not the first time CPS has taken her children)?

If the child has been with you all that time and is thriving in your care, then how could it possibly be in her best interests to change the status quo? I think you're worrying too much about tactics and not enough about what you're gonna do for Christmas.