Legal Question in Family Law in Texas

Changing child custody

my son is 6 years old and has been living with me for the last two years. his mother has full custody and lives in seattle washington. she is 28 years old, lives with her parents and has another child by another person who shares a room with her and if my son was living there he would have to sleep in the same room with them because the home is not big enough. she has not worked for approx 2 yrs. my son was sent to live with me because at the time she could not afford to take care of him. the house she lives in is unclean and all three adults smoke. she now wants to have him back on a full time basis. i want to get primary custody of my son. he has started school living with me and is now in the first grade, he has is own room and i have had the same job for over 8 yrs. custody was settled in washington and i live in texas(for 7yrs). what are my chances for custody. what are the rules and regulations the court will be looking at.


Asked on 12/09/03, 12:36 am

1 Answer from Attorneys
Jean Sudduth Jean Sudduth, Attorney at law

Re: Changing child custody

If your son has lived in this state for 6 months, jurisdiction is proper here. You did not say if you were divorced in Texas or not. If you were divorced in Texas you would go back to that court and file a Motion to Modify. If you were divorced in another state, you have to file a Motion to Modify and a Motion to Transfer. In either case, I would suggest that you hire an attorney as these matters can get complicated.

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Answered on 12/11/03, 2:07 am


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