Legal Question in Family Law in Texas

Can I get her back?

Hi,

Two years ago during my divorce proceedings it was decided that my daughter was to have primary residency with her father. This was decided because I was living in a shelter with her at the time and also admitted to dating another man, whom I had left her father for. I had a history of dating several other men during our marriage as we were separated. He had also dated, but would not admit this in court. I never stopped care towards my daugther, but in court was portrayed but my exhusband as a mother that was never there for my daughter and a drug user. All of which was not true. I know that I was an emotional wreck in the court and that also had a lot to do with the decision. I had been trying to leave this relationship for several years because of the mental and verbal abuse and was very scare and upset to do it.

My question now is what would it take to have my daughter come live with me and and our family? She has a brother and a stepdad that she loves being with. Our life is better for her than at her dad's as she is ignored, left on her own, and poorly cared for with him. She will be 8 yrs. in Dec.


Asked on 10/18/05, 10:04 am

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

Re: Can I get her back?

You have a tremendous uphill battle at this time. Reversing a custody order would require you to prove all of your statements about the child and her present care and to show that your custody would be in the best interest of the child. Don't expect an attorney to take on such a formidable task without a significant fee - perhaps $10,000-$20,000. If that is a problem for you (and it would be for many people), maintain your relationship with your daughter to the best of your ability, and she will be able to express her choice when she is 10. Good Luck

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Answered on 10/18/05, 12:28 pm


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