Legal Question in Family Law in Texas

Would there be a chance to change custody?

Would a change in custody be possible if the managing conservator failed to find out about a medical problem (only had one testical) she had custody since birth and didn't find out about this problem until he was 3yrs old when father got him for the summer and took him to his regular doctor, also found out that he had problems with speech but she failed to put the child in early education by referal of a doctor and leaves the child under the care of a grandparent with reoccuring heart problems and the other grandparent an alcoholic. She also bought a home in 2005 and just moved in the begining of 2007 and refuses to report new address, moved boyfriend in immediately not been dating for long and just married him (maybe a couple months). She is believed to be pregnant by the boyfriend/husband and that is the reason for quick marriage. Child also has speech problems and it is believed that he may have other problems that could have occured because of mothers drug use during pregnancy. Had reported to CPS in 2003 and they drug tested her twice and then she moved away to live with her parents. Father has three other children and a wife not enough money to take her back to court. Order states that everything has to be mediated first.


Asked on 3/30/07, 11:40 am

1 Answer from Attorneys

James Grissom Law Office of James P. Grissom

Re: Would there be a chance to change custody?

The test for custody is "best interest of the child". You will have to prove everything you say and be supported by expert testimony. That gets to be expensive. I doubt that the court would accept your testimony of these things alone. Ask the doctor that discovered the single testical what his fee is for testimony. That will give you an idea of the magnitude of money required. Good Luck.

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Answered on 3/30/07, 12:51 pm


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