Legal Question in Family Law in Texas

Re: What are the Chances of me getting custody of my daughter

Please keep in mind that the court's duty is to determine what will be in the child's best interest. That is the position you fight from and for, based on the facts of the situation. Just because his family is living here with him doesn't mean that he automatically obtains primary custody of your child. Your situation, employment, support, living arrangements, etc. all come into play in making your argument that you should be designated as the primary conservator.

So, without much more information concerning your situation, I can't and won't go further. These battles can be expensive and drawn out. I would not advise trying to do this without legal representation.

Re: What are the Chances of me getting custody of my daughter

What Mr. Hebda has said is true - the court will make all decisions concerning the child's future based on what it thinks is in the child's best interest. Without knowing the speciic facts of your case - for example, who is the child's primary caregiver, is there a history of abuse, whether you're employed - it is impossible to predict what the court will decide is in the child's best interests.

However, as a practical matter, i will tell you that you should not, if at all possible, be the one to leave the family home, leaving your child behind. Doing so may taint any chances you have of getting primary custody of your child. Often, when a court issues temporary orders during the pendancy of the divorce, its basic goal is to maintain the status quo and minimize, as much as possible further disruption to the child's life - meaning that if you have left your child with your husband, you would temporarily lose primary custody of your child. That puts you at a serious disadvantage because your husband will have a tremendous advantage over you as long as the child is living with him. And you will be in the one-down position of trying to convince the court to reverse this situation at trial. Courts don't like disruption - if your daughter spends 6 plus months living with your husband(during the pendency of the trial) and nothing bad happens during that period, the court would want to stick with that decision at trial in order to avoid disrupting the child's life. So my advice to you is, if you leave and you are able to support yourself and your child, take your child with you. Then immediately file for divorce and get temporary orders issued as soon as possible.

Best of Luck

Stephanie T. Shipp

Attorney At Law

Re: What are the Chances of me getting custody of my daughter

I like the advise given by Ms. Shipman. However, prior to leaving the home, you should consult with an attorney to see if it is better to leave the home before filing for divorce. You may want to file first and have the temporary orders hearing first before leaving. You may want the house and have the court kick him (and his parents) out. Just a suggestion.

Talk to an attorney before doing anything. Good luck and let me know if I can help.

John Pfister

972-712-9208