Legal Question in Family Law in Texas

I have been married for almsot two years, my husband is very abusive but I defend myself and hit him back.he is also cheating.I have a 4 month old daughter and he says he can take her away from me because i am a unfit mother , I currently dont have a job and I am on WIC my choice to be staying at is my parents but for that same reason he says he can tell the judge that my younger brother is a alcoholic and smokes marijuana.also that my real father and older brother are in prison.can he take my daughter away from me if

I have proof that he is commiting adultery? And domestic abuse?


Asked on 3/17/14, 10:15 am

2 Answers from Attorneys
Keith Engelke Law Office of S. Keith Engelke

The abuse is much more relevant than the adultery. I don't understand what WIC means so I can't advise you about it. The fact that the child is so young will incline the judge to grant custody to you, as will the fact that you are living with someone with experience in raising children. Given the choice between people with drug problems and potential abusers, I think the court will shy away from potential abusers. If dad and older brother are in prison for non violent offenses, I don't see a problem.

It is likely that your husband is threatening you with taking the daughter away because he will have to pay you child support if you file and are awarded primary custody.

Think about filing a police report regarding the domestic abuse.

Get a lawyer.

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Answered on 3/17/14, 11:47 am
Fran Brochstein Attorney & Mediator

Attorney Engelke has given you some excellent advice.

If your brother smokes pot, tell him to stop. That makes it a non-issue.

WIC is a government program so the TX A G might get involved in your case since they will seek reimbursement from your husband on behalf of the Texas taxpayers. Receiving a government assistance does not make you an unfit parent.

You definitely need to hire an attorney. Look on this website & on www.avvo.com for an attorney in your county to help you.

www.familylaw4u.com

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Answered on 3/18/14, 9:28 am


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