Note: Getting temporary emergency custody is often difficult
to do and we strongly recommend getting the help of an attorney if at all
possible. If you are a TX resident and
you go to another state to file for temporary custody (and get it), the abuser
may still file a custody petition in TX.
If the abuser's petition is granted, the judge may possibly even sign a
writ (order) for you to bring the child back to TX or even possibly give the
child to the abuser while the TX custody case is pending. You will have to weigh this risk with
whatever risks you are facing at home.
If you are faced with this situation, we strongly recommend getting a
lawyer immediately. You can find free
and paid legal referrals on our TX Finding a Lawyer page.
* Tex. Fam. Code § 152.204(a)
** Tex. Fam. Code § 152.204(b)
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