How to File for Child Custody in the State of Texas
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Take the proper steps to ensure that your rights regarding child custody are met.c..."ur bris?? image by Ellsing from Fotolia.com
File for divorce. If you have lived in Texas for at least six months, file for divorce in the county in which you reside. Name yourself as the managing conservator of your children in the original petition. Take your original divorce petition, two copies and the appropriate filing fee to the district clerk of the court in your area. You can deliver it by hand or mail. Filing fees vary, so be sure to check with your court regarding the appropriate fee. - 2). Serve your spouse with legal documents. There are three ways to serve your spouse. You can have your spouse sign a waiver of citation, hire a sheriff or process server or you can serve your spouse through a public posting, such as in a newspaper.
- 3). Be appointed managing conservator. Unless there are allegations of domestic violence or child abuse, a Texas court will appoint you and your spouse as joint managing conservators. If your spouse has no objections, you will become the managing conservator, which means you have custody and the children will live with you. Your spouse then becomes the possessory conservator, which means that your spouse will have visitation rights. If your spouse objects to this arrangement, there will be a court hearing to determine who will become the managing conservator.
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