Legal Question in Family Law in Texas

My boyfriend and his ex have been separated for over 3 years but never legally divorced. She has been holding up the process for whatever excuse she can come up with for the moment. He has always been "flexible" with her for the sake of their son to avoid drama. She has finally decided to work with him in an "adult" matter to finalize. She does not work (her choice because she wants to stay home) so she lives with his parents. She is demanding primary custody including child support. My boyfriend is currently not working due to being layed off so I am responisble for our household expenses. Does my boyfriend stand a chance to get primary custody in Texas? Neither of them pose any threats to the child other than the mother making bad "common sense" decisions from time to time. If not and she is awarded primary custody, how will child support be determined with him not working? We are looking to start a family of our own as soon as this is finalized and we have discussed him being a stay at home dad because I have more earning potential than he does. How would that work if he is a stay at home parent once we are married?

Thanks....Concerned in Dallas.


Asked on 7/21/10, 7:34 am

1 Answer from Attorneys
TC Langford Langford Law Office

Do either one of these parties have a lawyer? If your boyfriend doesn't have a lawyer, today is the day to get one. The court will hear all evidence regarding the lifestyle of both parents, and if requested, will order a social study on both parties. The determination of what is in the child's best interest should be based upon that evidence. An attorney is in a position to acquire evidence and prepare the case for hearing. If the wife is now cooperative, mediation may be a viable option.

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Answered on 7/21/10, 10:45 am


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