IDK what to do!!!! (divorce was finalized in harris county texas)

[boricuany0890]

i have a very complicated situation an i need some advice on how should handle it.

here is some info to better understand my situation.

1. divorce was finalized in harris county texas
2. it states joint custody but primary residence with the father, visitation upon mutual agreement (which until just recently he would always change his mind last minute an not allow me to see my kids, and has been going on since 2007 when the divorce was finalized)
3.i am in the military stationed in ny and am currently on block leave in florida and was finally able to bring my kids over from texas for vacation.
4. my daughter is 13 my son is 10

an incident happened recently where my daughter was threatened with harm over the phone by her dad because she lied to him about a movie she saw that night ( she wanted to see a scary movie with her cousin which wasnt even scary at all, the most it had were some cuss words.) but when her dad called her once the movie was over, she panicked, and told him it was another movie an he found by asking her brother that she was lying. then he proceeded to threaten my daughter that she was gonna get it when she goes back to texas in 3 weeks. i have never seen my daughter so scared. she kept repeating he's gonna kill me over an over while she cried. as far as i know it is not normal for a child to be sooo scared like that unless she is being abused at home. later on that night i sat her down an she told me everything that has happened since her dad has had them. she has had forks, plastic lunch containers etc thrown at her, she has been put down constinaly to the point where she told me she is depressed an doesnt want to live anymore. she also told me of another incident that happened about 2 weeks before they met me in florida, her dad wanted her password to her ipod so he could go through it an my daughter refused so he smacked her an proceeded to beat her with a belt she told me she was left with bruises for a week. she told me she doesnt want to go back with her dad because she is tired of walking on eggshells around him. she is very scared of him. idk what to do!!! i wont be able to live with my self if i send them back and he hurts her.

[AFFA]

I wish to inform you that you can have modification of child custody order. In this regard you can have child custody through court. The court which has initially ordered joint custody will only modify its order of joint custody. The court only has the power to modify its order based upon best interest of child as main consideration. Your daughter may be asked about her preference to stay with you. If there is a threat from father then urgent or emergency hearing can be held and interim child custody order in your favor can be taken.

AFF

[boricuany0890]

where would i file though here in florida, back in texas or can i file in ny?
and what do i do with my kids in the mean time do i let them go back to there father?
i have to go back to ny and my kids will only be in florida for 3 more weeks

[Friend In Court]

What is best is to have the incidents with your daughter documented by a third party -- a school counselor, therapist, Child Protective Services of the Department of Families in Florida. Ordinarily, where the original custody order was made and the child is residing is where any modification of custody or court proceeding involving them will take place. You may have good enough reason not to return the child to Texas, though, with abuse taking place.

I suggest that while you have your daughter you get her to a third party professional who is willing to take her reports and document them for you so you can have an emergency motion brought for the Florida court to assume jurisdiction so she not be returned to Texas, pending a full investigation. This is the only way you can legally not return the children to Texas without being in violation of the court order made in Texas.

Get legal counsel immediately with an experienced family law attorney and your children to a professional who will take their reports of what has been going on back in Texas is my advice.

[Lexus]

The parent should follow the child custody modification procedures required by his state. Consider whether you may be able to convince the court that a significant change in circumstances justifies modification of your child's current custody arrangement. Identify any reasons why the current plan no longer represents your child's best interest, such as if a long period of time has passed since the court made the order, the child has grown in age or has developed specific needs, the other parent's life has changed through remarriage or absence, or any other significant reason. Contact a family law attorney, legal aid organization, family law self-help center or facilitator's office if you would like assistance with the child custody paperwork.

[Friend In Court]

The previous reply is incorrect. A court retains jurisdiction until communication with another court convinces it that surrending jurisdiction is proper. The applicable statute is the Uniform Child Custody Jurisdiction Enforcement Act, adopted by all states.

Ignore the immediatley preceding response for it is not correct but seek counsel from an experienced family law attorney. Ordinarily you would have to bring the modification motion in Texas, but with abuse in the picture, endangering the child ren by returning them to Texas may be argued by a Florida counsel and with evidence, like a social worker or therapist's report, your petition would have some weight.