Legal Question in Family Law in Louisiana
Custody Question
I would like to know if my ex-spouse who lives in Lousiana and sees our daughter from time to time would have grounds to sue for custody. He told our daughter ''You could live here'' I would not go for that at all, and as he and his ''friend'' live totgher, I dont feel it is a good life-style for her to live in, tho he is a good dad.
Thank you for your time.
2 Answers from Attorneys
Re: Custody Question
If the divorce was finalized in Harris County, Texas, then if you still live in Harris County, he would have to come here to file for custody.
A child in Texas can sign a document stating who the child would like to live with but it is NOT binding on the Judge.
Best of luck,
Fran Brochstein
www.familylaw4u.com
713-847-6000
Re: Custody Question
A parent can always "sue for custody". That does not mean that they will win.
If there has never been a custody trial (with witnesses sworn and the judge having to decide) then the court will award custody according to the "best interests of the child".
If there has been a trial and the judge therefore rendered a "considered decree", then the person who wants to take custody must prove that the other parent is unfit to care for the child. Usually this is much harder.
Beyond this general statement, I would need much more information before I could advise you.
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