[chevyduty396]

I am divorced for 1 1/2 yrs. My exwife was convicted of two counts of abandonment and endangement. She left all three small children in her running car for two hours to go to a bar. They were left in an alley. We have joint custody with her being primary. I'm wanting to have a modification of our joint custody but with me being primary now. I also have witnesses of her constant endangerment and over ten cps cases on her endangerment on file. I live in Texas and can not afford an attorney. I want to file all the papers myself. I have them ready. My three children were took by her for visitation and she's never returned with them or have I seen them in over seven months. We just found them after her moving four times. So now I want to file a modification. Her sentencing for her felony convictions are next month.

[ScottGem]

So what is your question? Certainly sounds like you have a strong case.

You said you she has primary then why did she take the kids for visitation? But if she disappeared with the kids did you file parental kidnapping charges?

[chevyduty396]

Hello, she has primary, but after her street running and her gang activity started with the aryon brotherhood and her arrest she just left them for months at a time. So after her arrest the police gave them to us and cps did zeeeeero. She begged to see them, she took them to the park and never came back. Im reading constanlty on the internet and studying but all i see is people saying that it will be impossible pretty much to get a modification. As i said her sentencing for the double felony of abnd & endgmt is real soon. I have all my papers almost ready and found a server. I think i can handle this part but im worried about the fight that's going to come afterwards. The courts judge in her co will not enforce the possession order we have and she has moved them now four times without any notification at all. Im reading now about maybe limited scope reprensentation? Im not sure about the legal papers that have to be redone as in the final divorce degree... **** so after i file for the modification, and im going to be fair and ask to keep it joint and with me primary and im going to ask for no child support, i do want it. ***repeat again, sorry. Im going to file modification and a temp rest order and have her served. Do i file for an emergency custody motion or will the tro cover that. Then of course the judge will set a meeting date. What steps after this will be needed if there's a battle or not??

[chevyduty396]

Also, sounds contradictory, she has joint custody with primary, so there's no kidnapping. But we were given the kids after her arrest when they found them in the her abandonded. We had them that time 2 1/2 months, then she took them for a visit to the park and said shed be back. Been 7 months now.

[ScottGem]

First please don't type in all caps.

Sounds like you have all the bases covered. Just keep on doing what you are doing and keep us posted.

[chevyduty396]

Meant... when they found them abandonded in her car for over two hours

[chevyduty396]

Is there such a thing as parental kidnapping in the state of Texas ?

[ScottGem]

Yes