Legal Question in Family Law in Texas
My ex and I have agreed to joint custody of our 4 yr old daughter with him being the one who designates her residency? Unfortunately, I don't really agree with it and only agreed to it since I am unemployed and began to for a relationship with someone else who was in prison. I was scared of loosing her and agreed to joint custody. I would like to know if the day of the hearing can the judge overturn and give one of us sole custody? What will happen during the hearing, will he asks us questions? The lawyer told us not to mention that we still live together? Is that aproblem and why? I really need advice since I also want to move out of the state temporary so that I can work and go to school. Also I am the one who takes care of her all the time and even when I worked he never took part nor does he now. I'm afraid if he gets mad for what ever reason it may be he will not let me see her. When he gets upset he takes the car keys away, and like today I had to miss her physical and speech therapy because he got upset. I understand that I made a misttake but during our entire relationship I have had to leave a lot behind for him and comform myself to fit his needs. Is there anything else that I can do at this point before or during the hearing to gain custody of her. I only want what is best for her and myself since my only goal is to be there for my daughter, find a good stable work and finish my associates. Thank you for your time in this very immportant matter.
1 Answer from Attorneys
Just go to the final trial and make your case. If the court believes that you are the primary caregiver and that your are a suitable caregiver, you may win. You don't want sole custody. JMC is fine. What you want is to be the conservator who has the exclusive right to designate the primary residence of the child.
You have some red flags: boyfriend in prison and wanting to move out of state. You're going to have to make some tough decisions because you are not going to be able to be the primary conservator who moves the child out of state and who has an inmate boyfriend.
You also need an attorney.
Finally, do not lie to the judge under any circumstances no matter what anyone tells you.
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