Legal Question in Family Law in Texas
If I take my ex back to court
My ex has stated in writing that he will not grant my wishes everytime I request to switch a weekend with him and our 3yr old daughter. I would really like for her to go to family events that are always planned the same time every year (1st weekend in Sept). I now am thinking about taking him to court and changing the orders, will this open the door to him potentially having the option to joint custody? I currently have sole custody, and what is the difference anyways?
1 Answer from Attorneys
Re: If I take my ex back to court
Yes it opens the door for him to ask for joint custody, however, he will be limited by whatever circumstances restricted that option in the first place. On the other hand, he can petition the court at any time for a modification.
Generally speaking, courts do not like to entertain minutiae, and fighting over one weekend a year is exactly that. Your insistence on the weekend, and his refusal to cooperate with one weekend, is not going to please any judge. Get a lawyer to handle it for you, if the weekend is important.
Joint conservatorship generally provides both parents equal rights and duties as to the child's medical, religious, legal, educational and psychological decisions, with one parent being primary and maintining the right to determine the domicile and receive child support.
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