Legal Question in Family Law in Texas

Change in residence

Hello. My ex and I have joint custody of our 8 year old son. His primary residence is with me. My ex gets him every other weekend and some holidays. We have already been to court years ago and established that our son will live with me. My ex is pretty uninvolved when it is not his weekend, but he has a new girlfriend (whom he lives with) that wants him to be more involved. I'm afraid she will convince him that our son should live with them. I take my son to school every morning, take him to all his doctor/dentist appointments and provide him with everything he needs. I don't drink, do drugs, or neglet my son in any way. I just want to know if there is any way my ex could legally get my son to live with him, and if so, what can I do to make sure that doesn't happen?


Asked on 3/12/07, 12:18 am

1 Answer from Attorneys
Lewis Palomino Law Office of Lewis Palomino

Re: Change in residence

If sufficient time has passed since the previous conservatorship order and there has been a substantial change in circumstances, your child's father may file for a modification of the order. The Texas Family Code grants every parent that right. Short of terminating his parental rights (unlikely), there is nothing you can do to deprive him of that right. This is a the nature of joint custody of children. My advice to clients with similar concerns is not to worry unecessarily. Ask yourself why a woman in a dating relationship would want to take on raising another woman's child.

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Answered on 3/12/07, 12:29 am


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