This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of cohabitation by dependent spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Affidavit Motion Amend For Emergency Ex Parte Order In Houston
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State:
Multi-State
City:
Houston
Control #:
US-00003BG-I
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FAQ
How Long Does It Take to Get Emergency Custody? It varies. Some courts grant an emergency custody order on the same day the necessary documents are filed. Other courts take the time to do a more thorough review of the documents.
"Ex parte" is a Latin phrase meaning "on one side only; by or for one party." An ex parte communication occurs when a party to a case, or someone involved with a party, talks or writes to or otherwise communicates directly with the judge about the issues in the case without the other parties' knowledge.
The Texas Family Code permits courts to issue emergency child custody orders under certain circumstances. Specifically, the court may issue an ex parte order, which is an order issued without notice or a hearing, if it deems such an order necessary for the protection of a child.
The affidavit usually contains information about the parent-child relationship, the parent's capacity to meet the child's emotional and physical needs, the child's medical and educational background, and any other pertinent information that could aid the court in determining the child's custody.
Yes, they can. However, it often depends on the county you are in. For instance, it's easier to modify temporary orders in Dallas County compared to Collin County. Most counties require significant changes in circumstances for modification.
If you want to object to and change the ex parte order, you must file an objection and motion within 14 days after you are served with the ex parte order. After you file the objection and motion, the friend of the court is required to attempt to resolve the dispute within 14 days after receiving your objection.
If granted, the emergency custody order stands until a judge issues further custody orders. Once an ex parte emergency custody order has been issued, a return hearing must be scheduled within ten days to determine whether an emergency order should be continued.
An emergency ex parte order of custody in Texas is a temporary custody order granted without prior notice to the other parent. This type of order is issued when there is an immediate risk to the child's safety, allowing one parent to gain custody quickly to protect the child.