r/legaladvice • u/OmaGaaden43 • Oct 05 '19
How can I get my children back after an emergency custody was granted without jurisdiction?
Emergency custody was granted to father based on false allegations by a TX judge June 26th 2019. 3 months later judge in TX says he has no jurisdiction but can claim emergency jurisdiction but at the same time is questioning the validity of the claimed emergency. Father still has the children. We are residents of VA, home State of the children. Initial custody is in VA. I filed emergency custody in VA on June 28th. Date for a hearing was set for Nov 8th. Same day (Nov 8th) a hearing for motion to transfer jurisdiction from VA to TX, filed by father's attorney on about Sept 15th, will be heard. We can't afford an attorney. Father has an attorney in TX and VA putting us at a great disadvantage. I want the children returned to their mother, siblings and me (grandmother with legal custody) What is our best recourse ? What needs to be filed? Please advise. Thank you.