Legal Question in Family Law in Texas

Frustrated parent. I find myself doing between 60-80% of the homework for the kids (2 year track record). I also am the only advocate for their Special Needs (being present 100% of the meeting where the ex never goes). I have a custody modification set. I am asking for a split 50-50, split child support (we both pay each other), and shared taxes. She is not in agreement. I feel as if she is delaying the proceeding to clean up her act, despite her 2 years poor record before the proceeding started. She continues to threaten to remove the children from Special Education and continues to undermine my rights as their parent (allowing new spouse to be referred to as a parent, not step-parent). I am scared of going to court as anything goes. I have doctor diagnosis, school diagnosis, all pointing to both kids needing serious help. Can one realistically ask for 50-50 in court or will it be an all-out-war to see who ends up with primary and who ends up with standard possession? The Social Study recommends split custody and both sharing the financial burden of raising the kids. However, the study did not address any of the issues at school (excessive abscesses, lack of homework completion, etc.). I currently see the kids 5 times a week, 3 overnights. Am I shooting myself in the foot asking for more time to provide them with more stability and structure?


Asked on 9/23/14, 9:27 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

You might consider mediation. I would talk to an experienced family law attorney that knows the judge in your court.

You might ask for an amicus attorney to represent the children's interests.

I assume that teachers would back you up 100% - they don't have a dog in the hunt & they only care about the children so their experience is usually very valuable to help decide what is truly going on.

Good luck!

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Answered on 9/23/14, 9:42 pm


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