Tuesday, January 3, 2012

Filed a SAPCR suit and had a temporary order in place, let drop 2 yr for want prosecute do I file in new court?

WE live in Texas. My husband & I filed a SAP CR suit in Bell county and a temporary order was granted in 08/2005. We left our daughter as Joint managing conservator with us having right to choose residence The father was absent in child's life and continues to be. We know we have to notify him of a new SAPCR and will have him served, he signed a waiver agreeing to previous order.. In 07/2007 we let the order dismiss for want prosecute, she was doing well, married, had a new child and no longer on drugs. We moved to Brazos county when the first order was filed. We had to file where we had lived the previous 6 months and where she continues to reside. She had a new drug poss charge in 05/2010 which she is on probation for now,.On 02/15/2011 she was arrested and charged with 3 drug poss charges so this is now her 3rd offense and also a case has been filed with DFPS because she had her daughter present. DFPS placed her with us.The child the temporary order involved has continued to live with us, we had a power of attorney over him, but with DFPS involvement we know we need to file a SAPCR suit again so that we can protect him from being made a part of their case and possibly removed from us if she does not comply with their demands. Since the other order was dismissed, do I need to file in the original court and ask for a case transfer or do I just file in Brazos county and state there was a temporary order that we let dismiss and include a copy of our court order? Any help would be appreciated as we really need to file this case pro se since we do not have the $7,000.00 needed for attorney fees since we are now responsible for both kids financially and probably will be for the next year or two.She will probably do at least a year in jail over this. Her probation's of course being revoked and she will sit in jail until she bonds out or goes to trial. Her husband is in Army and in Iraq until June or July and we are not sure what DFPS does when he returns if they give him his child or possibly could give him both since he is step parent, another reason to obtain a new court order concerning our grand son.

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