Legal Question in Family Law in Texas
I'm 14 years old, and my mother has primary custody of me. I was recently told by my father that if my mom divorces her current husband, he will take me away from her. Granted both my parents have their own problems, he said I should be around good relationships (even though he cheated on my mother twice during their marriage, hence the divorce). Can he actually take me away? Would he have a legitimate chance in court?
1 Answer from Attorneys
He would have to provide clear and convincing evidence that there has been a material change in circumstances that now suggests that it would be in your best interest to live with him. I don't know what facts he has for that argument. He can't say it's because she's divorced. That ship sailed at the end of the last divorce when she got primary conservatorship.
He could win, but he would have the burden of proof.
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