Legal Question in Family Law in Texas

Amending Decree: Child Custody

I have been divorced since 2002 and have two children, ages 8 and 12, with my former husband. We both reside in the same town and are only 10 miles apart. Our custody agreements aren't the norm, but at the time we both felt we were doing what was best for our children. They spend Mon/Wed with me, Tu/Thur with him, and we alternate weekends. Additionally, neither of us receives support from the other, as we divide their expenses 50/50.

This arrangement has served us well for 6 years; however, my husband has received a lucrative job offer out of state, which would enable me the freedom to be a stay-home mom, should I choose. (I am currently a teacher.) What will my position be in the eyes of a family court judge? I'm hoping to retain counsel to mediate an amendment between my ex and myself, but in the event that he elects to fight me for custody I would first like to know my chances.


Asked on 1/20/08, 10:52 am

1 Answer from Attorneys
James Grissom Law Office of James P. Grissom

Re: Amending Decree: Child Custody

The test in child custody cases is what is in the best interest of the children, not the availability of lucrative job offers for new husbands that would allow mothers to be a stay at home mom. If the current visitation scheme is working well and the father is actively in the children's lives, then a judge might let you move and leave the children. I suggest you obtain counsel experienced in this area and be prepared to compensate your attorney to accomplish your desires. Good Luck.

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Answered on 1/20/08, 11:33 am


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