While you and your ex-spouse in San Antonio may have tried to keep your split amicable, accomplishing such a task may be difficult to do given the amount of emotion involved. As we here at The Law Office of Roland R. Esparza, P.C. have seen in previous cases, that emotion may often spill out when dealing with sensitive issues such as child custody. Some may even fear that it could prompt one spouse to do something rash that may potentially endanger his or her children. If you have this same fear, then you should know the proper steps needed to request immediate physical custody of your children.
According to the Texas Family Code, in order to be granted a warrant to take custody of your kids, you must first have reason to believe that they are in imminent danger of either being removed from the state or suffering physical harm. You must then convince the court that your fears are valid. You may call witnesses to help reinforce your claims. The court will then consider what means would be best in order to take your children into custody, even to the point of having law enforcement officials enter into your ex-spouse’s home by force (if deemed necessary). Your ex will be served your petition and have the chance to be heard at the petition hearing. In most cases, that will be held the day following the execution of the warrant.
The court may or may not decide to place the children in your custody prior to your petition hearing. If your custody agreement was created in another country, you may only be given custody if it is proven you have significant ties to the local court’s jurisdiction.
More information on enforcing custody agreements can be found here on our site.